SUGNI BAI Vs. ADDITIONAL COLLECTOR BIKANER

JUDGEMENT

(1.) THIS is a petition under Art. 226 of the Constitution for issuing a writ of prohibition against the Additional Collector, Bikaner, prohibiting him from hearing an appeal against an appellate order of the Municipal Board, Bikaner, passed under sec. 311 of the Rajasthan Municipalities Act 1959. The petition has been contested on behalf of respondents 2 to 8.

(2.) THE petitioner Smt. Sugni Bai is the owner of some land. She applied to the Municipal Board, Bikaner, for permission to make constructions on the land under sec. 170 (1 ). This permission was granted by the Municipal Commissioner to whom the requisite powers under sec. 170 had been delegated under sec. 78. No appeal was preferred against that order. Respondents 2 to 8 however filed an application to the Municipal Commissioner on 22. 9. 62 objecting to the grant of the permission. On this he issued an order restraining the petitioner from making constructions pending disposal of the objection. At the hearing of the application of respondents 2 to 8 the petitioner volunteered to leave a 4 ft. wide passage. THE Commissioner again accorded permission subject to the condition that the petitioner complied with the offer.