Harnam Singh, J. - (1.) 'Shri' Raj Krishan applies under Article 226 of the Constitution of India for the issuance of a writ of 'mandamus' directing the Chief Commissioner, Delhi, to withdraw Notification No. F. 2 (75) /51 L.S.G., dated the 13th of August 1951, removing the petitioner from the membership of the Delhi Municipal Committee and disqualifying him for election for three years.
(2.) Briefly summarised the facts giving rise to these proceedings are these. On the 22nd of November 1949 'Shri' Raj Krishan instituted Civil Suit No. 1058 of 1949 for injunction that pursuant to notice under Sections 172, 195 and 220 of the Punjab Municipal Act, 1911, hereinafter referred to as the Act, the Municipal Committee, Delhi, should not demolish the buildings or structures belonging to him. That suit failed and was dismissed with costs on the 11th of April 1951.
(3.) From the decree passed by the Court of first instance on the 11th of April 1951, 'Shri' Raj Krishan appealed in the Court of the Senior Subordinate Judge, Delhi. In dismissing the appeal the Senior Subordinate Judge said: "The structure in dispute is clearly an encroachment and amounts to an intrusion of rights of the Committee, and the plaintiff being a Municipal Commissioner can be expected to know, and in fact he had knowledge as to the consequences of this unauthorised construction, rather he is estopped to say that this structure would not be objected to by the defendant. The construction or the structure is on the street, and amounts to an encroachment and no plan was submitted to the Committee for such construction. There-fore Resolution No. 2/2 passed in a special meeting, dated 16-7-1948, Item No. 1, would not apply. Item No. 2 would also not apply for this was not a case of repairs, but of erection of a building. The plaintiff is a Municipal Commissioner and whenever any employee of the Committee went to the place in dispute and pointed out to him that the structure in dispute was not sanctioned, the plaintiff used to tell him that he had obtained the sanction for it.";