ASGAR KHAN Vs. MUNICIPAL COUNCIL

JUDGEMENT

(1.) BY this writ petition filed under Article 226 of the Constitution, the petitioner Asgar Khan has prayed for the issuance of an appropriate writ, order or direction to the respondent Municipal Council, Udaipur to regularise his possession over the land in dispute and not to interfere with his possession over it.

(2.) THE case of the petitioner is that he being unemployed and without any work, his financial position became critical and, therefore, he has put up a temporary cabin on the Panchsheel Marg, Surajpole Road, Udaipur so that he may earn his livelihood. This Cabin was installed somewhere in the month of June 1988. Thereafter, he moved an application (Annexure -1) alongwith a map (Annexure -2) for the aforesaid land being given to him on rent on 12.10.1988 and on that application, he was allowed to use this land temporarily for a period of three months from 13.9.1989 to 12.12.1989 by the Commissioner, Municipal Council, Udaipur. A sum of Rs. 90/ - were deposited by him vide receipt Annexure -5 as rent for three months starting from 13.9.1989 to 12.12.1989. He also obtained electric connection in his cabin. According to him, near his cabin, other constructions i.e. a Cabin and a Petrol Pump also exist. On the back side of his cabin, a cabin has been put up by New Haryana Handloom and for the use of that land, a licence has also been granted by the Municipal Council, Udaipur in favour of New Haryana Handloom.

(3.) I have heard Mr. M. Mridul, the learned Counsel appearing for the petitioner and have carefully gone through the record of the case.