Judgment :-

S.B. Sinha, J.

1. Leave granted.

2. Appellant before us is a Mandal Panchayat. Respondent is a Corporation constituted and registered under the Road Transport Act, 1951. It filed a suit for grant of a decree for mandatory injunction to demolish the shops constructed by the appellant herein as also for a decree for grant of perpetual injunction restraining them from proceeding with the illegal construction of shops over the disputed space alleging that just behind the same, it runs a bus stand and in the middle portion whereof, a PWD owned road is used for egress and ingress of the passengers. It has two gates through which the buses enter into and exit for their destination. For safety of the passengers, there exists a wicket gate. The said open space is said to be belonging to and maintained by the PWD authorities.

It was contended that the land over which the shops were being constructed by the appellant did not belong to it and, thus, the same was totally illegal. Appellants, in their written statement, accepted the topography but urged that the purported wicket gate is not in use. It was stated that there existed a 30 ft. space belonging to Mandal Panchayat in betwee