- (1.) Heard learned counsel for the parties.
(2.) Petitioner has filed the instant writ petition with the following prayer : - "(i) To hold the action of the respondents in demolishing the shops of the petitioner and depriving the petitioner to earn his livelihood as bad in law and the petitioner may be held entitled to earn his livelihood by way of carrying on his business in the said shops in view of the petitioners granted and map sanctioned by the respondents (Anx.3 to 6). ii) to direct the respondents to allow the humble petitioner to re-construct the said shops and to carrying on his business in the same, as it was being earlier carrying on, without any hindrance in any manner and not to create any hurdle in peaceful running of his business in the shops in question; (iii) any other order or direction which this Hon'ble Court may deem fit just and proper may also kindly be passed in the facts and circumstances of the case with an exemplary cost;"
(3.) Narrating the facts of the case, counsel for the petitioner Mr. Amit Gupta submitted that the petitioner was carrying on his business in a small shop constructed on a chabutari of 3 feet on Gau Ghat, Pushkar, which was in uninterrupted enjoyment and possession of his ancestors. He further submitted that a dispute arose in 1958, which led to filing of a suit by his grand-father, in which a compromise decree came to be passed by the Court of Munsif, Ajmer District Ajmer on 23.12.1958. Petitioner/his family have been in peaceful possession and right over the shop in question, until the Officer(s) of the Municipal Board ransacked the entire area and broken the gate installed on the petitioner's chabutari/shop on 19.04.2006. As per the counsel for the petitioner, the action on the part of the respondent-Municipal Board was illegal and violative of fundamental rights of carrying on business, and arbitrary as no notice prior to such demolition was given to the petitioner.;