Preliminary inquiry into alleged illegal municipal construction permission upheld; writ challenge found premature and rejected.

A preliminary inquiry by the Lokayukt Organisation into whether municipal construction permission was granted illegally was held maintainable, because it was directed at officers of the Municipal Corporation and had not yet reached a coercive stage. The writ challenge was found premature, as the petitioner had not been summoned in any criminal case and any future coercive action remained contingent. The notice issued by the Corporation regarding alleged illegal construction was treated as an independent matter, and the petitioner was permitted to raise her defence before the Corporation, which could then proceed according to law. The writ petition was therefore rejected.

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Issues: Whether the Lokayukt Organization had jurisdiction to conduct a preliminary inquiry against the officers of the Municipal Corporation and whether the writ petition was liable to be entertained to quash such inquiry and direct consideration under Section 308-A of the Municipal Corporation Act, 1956.

Analysis: The inquiry was found to be at a preliminary stage and directed against the officers of the Municipal Corporation to examine whether the construction permission had been granted illegally. The petitioner had not been summoned in any criminal case, and the challenge to any future coercive action was held to be premature. The notice issued by the Corporation regarding alleged illegal construction was treated as an independent matter, and the petitioner was left free to place her defence before the Corporation, which could proceed in accordance with law.

Conclusion: The writ petition was not allowed. The inquiry by the Lokayukt Organization was held maintainable, and the petitioner's challenge to the proceedings was rejected.

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