JUDGMENT :

NARENDRA KUMAR VYAS, J.

1. The instant First Appeal has been filed by the appellant/plaintiff under Section 96 of the Code of Civil Procedure, 1908 (henceforth CPC) challenging the impugned judgment and decree dated 07.11.2003 passed by District Judge, Rajnandgaon in Civil Suit No. 13-A/99 whereby the plaintiff's suit for declaration of illegal recovery of the amount of Rs. 45,113/- by the respondent/State and permanent injunction against the said recovery has been dismissed by the trial Court.

[For the sake of convenience, parties would be referred to as per their description shown in the plaint filed before the trial Court]

2. The facts of case, as reflected from the plaint, are that the appellant/ plaintiff is the Ex-Sarpanch of Gram Panchayat, Ghumka. He remained as Sarpanch of the said village till 1982-83. The learned Tahsildar Dhumka, District- Rajnandgaon in recovery case has directed for depositing the amount of Rs. 25,250.05/- up to 19.09.1988. The plaintiff has moved an application before the Tahsildar,Dhumka challenging the validity of the said recovery proceeding. Since it was issued by the Collector, Rajnandgaon, therefore, vide order dated 16.08.1988, the same