OM DAYAL AND ANOTHER Vs. MUNICIPAL COUNCIL, DHOLPUR

JUDGEMENT

(1.) This intra-Court appeal is directed against the judgment dated 25.08.2014 passed by the learned Single Judge of this High Court, whereby he has dismissed appellants' S.B. Civil Writ Petition No. 8817/2014.

(2.) About 50 years ago, respondent-Municipal Board, Dholpur rented a piece of land to one Deen Dayal. Thereafter Deen Dayal was permitted to construct a shop on that land by the Municipal Board. The appellants are sons of Deen Dayal. They, therefore, after the death of Deen Dayal, came into possession and occupation of the land and shop. They are admittedly continuously running the shop and are even paying rent to the Municipal Board.

(3.) As the appellants were apprehending their dispossession by the Board, they filed a civil suit for injunction against it. The trial Court dismissed the suit, but in appeal the District Judge, Dholpur decreed the suit with direction against the Municipal Board not to dispossess the appellants except in accordance with law. The District Judge further directed that appellants cannot be dispossessed by administrative orders. The Municipal Board issued impugned notices dated 05.06.2012, 05.07.2013 and 14.08.2014, asking them to vacate the rented shop. The appellants rushed to Executing Court by filing an application. The Executing Court dismissed that application vide order dated 16.05.2013. The appellants then immediately filed S.B. Civil Writ Petition No. 8817/2014, which the learned Single Judge has dismissed by the impugned order. It is to be noted that in the writ petition, the appellants also prayed for quashing of notices dated 05.06.2012, 05.07.2013 and 14.08.2014, issued by the Municipal Board, asking them to vacate the rented shop.