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Judgment
Govind Mathur
The Municipal Council, Chittorgarh executed a lease deed in favour of the petitioner on 29.10.1987 for allotment of a piece of land. A permission was granted to him for raising construction on 14.5.2003. A notice dated 15.4.2006 then was served upon the petitioner with an assertion that why appropriate action be not taken for raising construction without leaving the necessary set back.
The construction raised by the petitioner beyond sanctioned plan was then compounded by the Municipal Council, by acting upon an application preferred by the petitioner.
The respondent No. 1 being aggrieved by the same, preferred a suit before the court of learned Additional Civil Judge (Senior Division) No. 1, Chittorgarh seeking mandatory injunction and also for declaration. During pendency of the civil suit, respondent also preferred a revision petition, as per the provisions of Section 300 of the Rajasthan Municipality Act, 1959 before the Additional Divisional Commissioner, Udaipur giving challenge to the order compounding the construction made by the petitioner, beyond sanctioned plan. The Divisional Commissioner, by the order impugned dated 19.3.2008, accepted the revision petition and quashed the order of compounding.
It is pointed out by learned counsel for the respondents that the learned Additional Civil Judge (Senior Division) No. 1 Chittorgarh by the judgment dated 12.1.2011 has decreed suit as prayed for, therefore, now the entire issue is required to be governed as per the decree granted by the civil court. Operative portion of the judgment given by the Civil Court on 12.1.2011 on basis of which decree is issued reads as under:
From perusal of the issues settled by the trial court while issuing decree, it is apparent that now the order passed by the Divisional Commissioner has become non consequential and the entire matter is required to be governed as per the decree provided by the Civil Court subject to any appeal preferred by the petitioner defendant.
Accordingly, the writ petition is disposed of. The order impugned passed while exercising the power as per provisions of Section 300 of the Municipality Act, 1959 has become non consequential in light of the judgment and decree dated 12.1.2011. The issue in dispute shall be governed as per the decree granted, subject to appeal, if preferred.