KHEM CHAND SAINI Vs. MUNICIPAL BOARD KHETRI

JUDGEMENT

(1.) INSTANT petition has been filed by the petitioner with the grievance that the observations, made by this Court in its order dt. 27/09/1996 passed in CWP-3430/1991, have not been complied with by the respondents despite legal notice being served. It appears from the record that the controversy in regard to the constructions raised by the respondent No.3 earlier came upto this Court at the instance of the petitioner in CWP-3430/1991 which was dismissed on 27/09/1996 ands this Court finally observed as under:- I have considered over the matter. The Director, Local Bodies has not committed any illegality nor there is any mistake apparent from the record. The land could not have been given to the petitioner being very near to the main road even if it was strip of land. The petitioner had no house or property situated adjacent to it so that he could be entitled for allotment of land as strip of land. If the respondent No. 4 has made any illegal construction, if is for the respondent NO.3-Municipal Board Khetri to take appropriate action, but so far as petitioner is concerned no case for interference is made out. The writ petition having no force is accordingly dismissed. While rejecting the writ petition, it was observed that in regard to the alleged constructions raised by the respondent NO. 3, it was observed that if it was an illegal construction. It was always for the Municipal Board, Khetri to take appropriate action but so far as the present writ petition is concerned, no case for interference is made out.

(2.) COUNSEL for petitioner submits that he made certain representation and also served legal notice in regard to the illegal constructions raised by the respondent No. 3 but no action is being taken by the Municipal Board, Khetri which has compelled the petitioner to approach this Court by filing the instant petition.