BADRI LAL Vs. BRIJ MOHAN LAL

JUDGEMENT

(1.) THIS is a petition under Article 226 of the Constitution of India.

(2.) THE case of the petitioner Badrilal is that he has a Chabutri adjacent to his shops in the town of Chhipabarod, Mohalla Holi-ka-Khoont market. It was said that a certain dispute arose in 1935 in respect of this Chabutri, and the District Magistrate gave a decision on 24th November, 1935, that the Chabutri belonged to the petitioner, but that he should not make any construction on the Chabutri. On 20th November, 1955, the petitioner requested the Gram Panchayat that he should be permitted to open four doors of his premises on this Chabutri. THE Gram Panchayat gave the permission on 15th April, 1956, Ex. P. 3 Brij Mohanlal, a neighbour, who had raised certain objec-tions before the Gram Panchayat, filed an appeal to the Tehsil Panchayat of Chhipabarod, and that authority set aside the sanction given by the Gram Panchayat by its order dated 25th June, 1956, (Ex. P. 4.) and restrained the petitioner from opening the doors towards this Chabutri. THE petitioner has come to this Court on the allegation that no sanction for opening the doors was required under the Rajasthan Panchayat Act,1953, and he had made a mistake in making an application, but that, in any case, it was the fundamental right of the petitioner to use and enjoy his property in any manner he liked, and the Tehsil Panchayat had acted illegally in restraining the petitioner from opening the doors towards the Chabutri. Brij Mohanlal, the Tehsil Panchayat and the Gram Panchayat of Chhipabarod were made respondents in this petition.