- (1.) RAKESH Tiwari, J. Heard learned Counsel for the parties and also perused the record.
(2.) THIS petition is directed against the order dated 15-10-1998 passed by the C. J. M. Bijnore, respondent No. 1 in Appeal No. 23/97, under Section 318 of the U. P. Nagar Palika Act. The appeal was filed against the judgment and order dated 27- 1-1997 passed by the Chairman, Nagar Palika Parishad, Afzalganj, District Bijnore by which the map for sanction was rejected. The facts in brief are that the petitioner purchased the land in dispute situated in Mohalla Begum Sarai, Qasba Afzalganj, Tehsil and district, Bijnore, through a registered sale-deed on 12-8-1983. Thereafter he moved an application under Section 178 of the U. P. Municipalities Act before the Chairman for sanction of the map alongwith the proposed plan and deposited the fee as required under the rules for sanction of the map. It is alleged that respondent No. 2 illegally rejected the petitioner's application dated 22-1-1997 as the order rejecting the sanction of the map was without any notice and opportunity to the petitioner and against the material and evidence on record. It has also been averred in the petition that the order has been passed on irrelevant considerations.
(3.) AGGRIEVED by the order dated 22-1-1997, the petitioner filed an appeal before the C. J. M. , Bijnore which was numbered as Appeal No. 23/1997 and the same was dismissed by him on 15-10-1998 affirming the order dated 22-1-1997. Learned Counsel for the petitioner contends that the provisions of Section 180 (2) of the Municipalities Act, provides that if the Board rejects permission, then reasonable opportunity of hearing is to given to the aggrieved party to put up his case. It has been further submitted that the Board has ignored all cannons of law and well established principles of natural justice and rejected the permission of the petitioner without affording any opportunity of hearing to the petitioner.;