Balwant Singh v. Gram Panchayat Jhadoli) Date of Order & Ors.
Case at a glance
- Decided
- 12 Oct 2009
- Bench
- GOPAL KRISHAN VYAS
Outcome
Dismissed
Hence, this writ petition is dismissed
Provisions considered
- Code of Civil Procedure, 1908 s. 151; O. 39 rr. 1, 2
- Constitution of India art. 227
Judgment
HON'BLE MR. JUSTICE GOPAL KRISHAN VYAS Mr. Surendra Surana, for the petitioner. Heard learned counsel for the petitioner. In this case, a suit for declaration and permanent injunction against the respondents was filed by the petitioner upon the ground that his construction over the disputed land is from last 100 years and now due to enmity the respondent wanted to disturb the possession and wants to demolish the old construction. An application under Order 39 Rule (1) and (2) read with Section 151 C.P.C. for temporary injunction was also filed before the trial Court by the petitioner. The Civil Judge, (Junior Division), Pindwara, District Sirohi dismissed the application for temporary injunction vide order dated 30.5.2007 on the ground that the petitioner has failed to make out prima facie case in his favor and it is specifically stated in the order that for the land in question the resolution passed by Gram Panchayat was set aside in the 2 revision petition filed against the resolution and further a writ petition filed by the petitioner before this Court against the order of revision was also dismissed by this Court.
The said writ petition was registered as SB Civil Writ Petition No.2772/95, which was decided on 10.9.1999. Again an application was moved by the petitioner before the Gram Panchayat Jhadoli for issuing patta for the and in question but the Gram Panchayat Jhadoli rejected the said application on 9.4.2001. Against which, a revision petition was preferred by the petitioner before the District Collector, Sirohi, that too, was rejected by the District Collector, 12.2.2002. Thereafter, the order of District Collector was further challenged by the petitioner by way of filing a writ petition before this Court. The said writ petition was registered as SB Civil Writ Petition No.811/2002, which was dismissed by this Court on 20.5.2002. Later on, DB Civil Special Appeal No. 455/2002 as well as DB Civil Special Appeal No.38/2003 was also dismissed by Hon'ble Division Bench of this Court. Meaning thereby, the petitioner has lost the battle for grant of patta upon the disputed land and against he is trying to invoke the civil jurisdiction.
Operative part
Therefore, the trial Court observed in the order impugned that no prima facie case is made out and rejected the application filed by the petitioner under Order 39 Rule 1 and 2 read with Section 151 CPC. 3 The order passed by trial Court was further challenged by way of filing an appeal before the Additional District Judge, Abu Road, District Sirohi, that too, was dismissed vide order dated 2.9.2009 by the appellate Court. I have perused both the orders passed by trial Court as well as by appellate Court. In my opinion, both the Courts below have not committed any error of law which is required to be interfered with while exercising power under Article 227 of the Constitution of India. Hence, this writ petition is dismissed. (Gopal Krishan Vyas), J. arun/
Questions this judgment answers
What did the Court decide in this case?
The Court recorded the following disposition: Hence, this writ petition is dismissed
Which statutory provisions did this judgment involve?
Code of Civil Procedure, 1908 — s. 151; Code of Civil Procedure, 1908 — O. 39 rr. 1, 2; Constitution of India — art. 227.
Which court decided this case, and when?
Rajasthan High Court, on 12 Oct 2009. The bench was GOPAL KRISHAN VYAS.
Precedent status how later indexed judgments have treated this case
No known negative treatment found in the Courts & Cases corpus.
This is a result about the indexed corpus, not a finding that the judgment remains good law. Coverage may be incomplete.