Bhoor Singh vs Gram Vikas Adhikari - 2022 Supreme(Raj) 2033

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2022 Supreme(Raj) 2033

DINESH MEHTA
Bhoor Singh – Appellant
Versus
Gram Vikas Adhikari – Respondent

Advocates appeared:
Hemant Kumar Ballani, Advocate, for the Appellant
Jagdish Vyas, Deepak Vyas and Hari Singh Rajpurohit, Advocates, for the Respondents

JUDGMENT

Dinesh Mehta, J. - By way of the present writ petition, petitioner has challenged order dated 10.02.2022, passed by Additional District Judge, Phalodi, District Jodhpur (hereinafter referred to as to the 'Appellate Court'), whereby petitioner's appeal against the order dated 28.01.2022, passed by Civil Judge, Phalodi (hereinafter referred to as "the Trial Court") has been rejected.

2. The facts germane for the present purposes are that the plaintiff (petitioner herein) had filed a suit for permanent injunction, along with an application under Order 39 Rule 1 and 2, asserting that the petitioner is having settled possession over the land mentioned in Para No. 1 of the plaint situated in Khasra No. 694 of village Bawdi Kala.

3. It was argued on behalf of the petitioner that petitioner has raised construction over the land only after obtaining no objection certificate from Gram Panchayat; petitioner is having an electricity connection over the subject property and that the notice issued by the Gram Panchayat for removing the encroachment is not valid as the resolution allegedly adopted bears forged signature of Manohar Singh.

4. The Gram Panchayat disputed the facts and opposed t

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