- (1.)By means of this petition under Article 227 of the Constitution of India the petitioner has prayed for quashing of order dated 24-9-2002 passed by the District Judge, Tehri Garhwal.
(2.)The facts of the case are that the plaintiff-petitioner filed a suit before Civil Judge (Senior Division), Tehri Garhwal for perpetual injunction against the defendants-respondents restraining them from making any further construction and for removal of existing constructions over the roof of the shop in pursuant to the resolution No. 9 dated 22-10-2001 of Nagar Panchayat, Muni-Ki-Reti, district Tehri Garhwal. According to the petitioner he was granted permission to construct his shop at parking stand Muni-Ki-Reti on some premium and Rs. 300.00 per month as rent by the Nagar Panchayat Muni-Ki-Reti by rent-note dated 8-3-2001.
(3.)The petitioner constructed a shop and is running garment business therein. On 29-5-2001 the petitioner applied to defendant-respondent to grant lease of the roof so that he may construct another shop over the roof but instead of granting permission to the petitioner Nagar Panchayat granted lease to respondent No. 1 of the present petition. The petitioner further alleged that the respondent No. 1 started construction over the roof and after constructing walls cement-slab roof has been laid on it, which has resulted in cracks in the shop of the petitioner. An application for interim injunction was also filed and the learned trial Court vide order dated 10-6-2002 granted injunction in favour of the petitioner directing respondent No. 1 not to make any construction over the roof of the petitioner's shop during the pendency of the suit.