V.K.BALI, J. - (1.)THE challenge herein is to the order passed by the Deputy Commissioner Annexure P-6, dated 11. 12. 1992 vide which, exercising suo motu powers under provisions contained in Haryana Municipal Act, 1973, resolution passed by Municipal Committee, Kaithal, sanctioning construction plan of the petitioner was suspended.
(2.)BRIEF facts of the case on which the relief asked for is sought to rest, reveal that the petitioners purchased land measuring 1 kanal 7 marlas from Dharam Pal vide registered sale deed dated 10. 12. 1990. They applied to the Committee for sanctioning of the building plan which was rejected by resolution passed by the Committee on 17. 9. 1991. Feeling aggrieved, the petitioner filed statutory appeal which came up before the Deputy Commissioner, Kaithal and the same was allowed vide order dated 29. 1. 1992, Annexure P-3. The matter was remitted to the Municipal Committee to redecide the matter. At this stage, when the matter came up before the Municipal Committee, building plan of the petitioners was sanctioned by the resolution passed on behalf of Deputy Commissioner, on 5. 12. 1992. However, Deputy Commissioner exercising suo-motu powers under Section 246 of the Haryana Municipal Committee suspended the resolution passed aforesaid. The impugned order passed by the Deputy Commissioner reads as follows :
"i, Maha Singh, IAS Commissioner, Kaithal exercising the powers given under Section 246 of the Haryana Municipal Committee Act 1973 suspends Resolution No. 9 Supplementary Item passed by the Municipal Committee Kaithal in its meeting on 5. 12. 1992 being against rules. "

It may be clarified that even though the word Deputy Commissioner has been mentioned, the learned counsel states that the word 'deputy' has been written in hand and therefore, order was passed by the Commissioner.

(3.)IT is argued that the resolution of the Municipal Committee can be suspended only in the events mentioned under the aforesaid Section i. e. Section 246. The Deputy Commissioner has not mentioned any of the grounds that gives him the power to suspend the resolution.