GAUTAM AND CO Vs. STATE

JUDGEMENT

(1.) THE petitioner is a partnership firm. It was allowed to convert 1/2 bigha agriculture land within the town of Chittorgarh under the Rajasthan Revenue (Allotment, Conversion and Regularisation of Agriculture Land for Construction of Cinema and Hotels and for the Establishment of Petrol Pump) Rules, 1978 (hereinafter referred to as 'the Rules of 1978') and the lease deed of the said land was also executed between the petitioner -firm and the State of Rajasthan, for the purpose of establishing a Hotel thereon.

(2.) THE petitioner submitted plan for construction of proposed building (Annex.3) to the Municipal Board, Chittorgarh for its approval and the approval was granted by the Executive Officer of the Municipal Board and, the permission was granted on 19.5.1980, with the following conditions: .........[vernacular ommited text]...........

(3.) THE petitioner has challenged the aforesaid communications Annxs. 5, 6 and 8, in this writ petition, inter alie on the around that the Municipal Board had no authority to issue these notices, stopping the petitioner from carrying out construction in accordance with the approved plan once the permission has been given. The petitioner has claimed for the following reliefs: - an appropriate writ, order or direction be issued -