Mr.MTM Hakim, learned advocate for the petitioner, in view of the averments made in the affidavit-in-reply filed by respondent No.4-Municipality, more particularly in Paragraph No.5, intends to approach respondent No.4-Municipality with all necessary documents as regards ownership of the buildings in question. Paragraph No.5 of the affidavit-in-reply reads as under:
"5. I respectfully submit that the petitioner has not come with clean hands and suppressed the material facts regarding the Ownership and the encroachment made by the petitioner in the property where present Dargah namely known as Mota Pir Dargah. I respectfully state and submit that pursuant to their application permission regarding construction, dated 4/3/2010. The respondents Nagarpalika (borou) has already informed the petitioner and requested them to produce the document of their ownership where the Dargah is situated so that appropriate action can be taken. It was also informed that till then they may not construct. The said letter dtd. 31/3/2010 written by the Chief Officer, as well as, the President of the res.no.4 is already part and parcel of the present petition (Ann.F-Page 47). Pursuant to the said letter, the petitioner herein has written a letter addressing the present res.no.4 dtd.13/4/2010 However, looking to the aforesaid letter it does not transpires that petitioner is the owner of the land where the present Dargah is situated and upon which petitioner wants to make further construction including compound wall."
In case if any such application receives the same shall be scrutinized by respondent No.4-Municipality in accordance with the Rules and the building by-laws and submit its report along with a copy of the relevant by-laws by way of filing a further affidavit before this Court. The petitioner shall file such an application along with the documents, as stated above, latest by 06.07.2012, the same may be scrutinized by respondent No.4, as aforesaid, within a period of 02 (two) weeks thereafter. Affidavit be filed on or before 25.07.2012. S.O. to 27.02.2012.
Sd/-
[R.M.CHHAYA, J ] *** Bhavesh* Top