A.N.Verma, J. - (1.) This petition is directed against the orders passed by respondents nos. 1 and 2 refusing to accord sanction to the petitioner to make certain construction. The orders have been passed under the provisions of U.P. Municipalities Act.
(2.) The relevant facts are that petition submitted a plan to re-erect a pucca house in place of a kacha one standing over plat no. 1662. The petitioner gave a notice to the Municipal Board of his intention to make that construction. Upon that notice a report was called from the Nazul Clerk and Overseer. The said Nazul Overseer submitted a report dated 22-2-1973 stating that the proposed construction fell over plot no. 1662 which belongs to the petitioner and that no part of the proposed constructions would cover any Nazul land. The report further stated that the plan was in accordance with the Municipal bye-laws. The Municipal Board, however, by its order dated 18-5-1973 refused to sanction the plan on the ground that a civil suit instituted by the petitioner against the Municipal Board was pending. The petitioner filed an appeal under the provisions of U.P. Municipalities Act against this order. The Appellate Court dismissed the petitioner's appeal on the ground that the Municipal Board was right in refusing to sanction the plan in view of the pendency of the civil suit.
(3.) Learned counsel for the petitioner contends that both the respondents have committed a patent illegality in refusing to sanction the plan. It was urged that the ground upon which the sanction has been refused is on the face of it entirely irrelevant.;