JUDGMENT 1. - The Municipal Council issued notice to respondent No. 2 Ashok Kumar Salvi for removal of the encroachment of land in dispute. Later on, respondent No. 2 has filed an application to the Municipal Council, Udaipur that the land which is said to be under encroachment be leased out to him. The Municipal Council sent the matter for approval before the Collector. On 2.9.1992, the Collector granted approval on the condition that the lease shall be granted to respondent No. 2 on payment of the price at the prevalent market rate. On 4.3.1993, in pursuance of the approval granted by the Collector, the Municipal Council issued notice to respondent No. 2 to deposit the amount at the rate of Rs. 300/- per Sq. ft. - total amount of Rs. 29,700/- with the registration-charges. Aggrieved by the said notice, respondent No. 2 preferred suit for declaration and for injunction wherein amongst others the respondent claimed relief that lease be granted to him at the rate of Rs. 50/- per Sq. ft. Respondent No. 2 also moved an application for temporary injunction. After hearing the parties, on 16.3.1993 the civil Court passed order wherein it has been directed on the basis of the consent of the counsel appearing for the respective parties that the Municipal Council shall issue notice of demand of the amount to be deposited by respondent No. 2 - plaintiff in that suit and the plaintiff Ashok Kumar shall deposit the amount in accordance with the notice of demand. The defendant-Municipal Council shall not demolish the super-structure standing on that land. In pursuance of the order issued on the basis of the consent arrived at between the parties, notice of demand was issued on 17.3.1993 by the Municipal Council. In fact, the respondent had deposited the amount as per the demand made but somehow he challenged the notice of demand dated 17.3.1993 before the Divisional Commissioner, Udaipur who by his order dated 26.4.1994 set aside the judgment and directed the respondent No. 2 to deposit the amount at the rate of Rs. 70/- per sq. ft. This order is Annex.-7 to the petition. 2. 70/- per sq. ft. This order is Annex.-7 to the petition. 2. It appears that the order has been passed by the Divisional Commissioner without considering the order passed on the injunction application by the civil Court on 16.3.1993 which was passed on the basis of the consent arrived at between the parties; and, further the matter is pending consideration before the civil Court wherein respondent No. 2 - (the appellant before the Divisional Commissioner) - sought relief amongst other that in any case he be directed to deposit amount at the rate of Rs. 50/- per sq. ft. only. 3. As the matter is under consideration before the civil Court, the Divisional Commissioner, Udaipur should not have exercised the jurisdiction in setting aside the notice of demand which was issued in pursuance of the order of civil Court dated 16.3.1993. The exercise of jurisdiction in ignorance of the fact of pendency of the matter before the civil Court is required to be set aside and accordingly the order of the Commissioner dated 26.4.1994 is set aside. The writ petition stands allowed. There shall be no order as to costs.Petition allowed. *******