Resident complaining of encroachment on public land qualifies as proper party to impleadment in challenge to eviction; suppression of prior final eviction order invokes clean hands doctrine, justifying dismissal of suit as frivolous.

JUDGMENT :

Bipin Chander Negi, J.

The present petitioner is aggrieved by an order dated 05.04.2024, passed by learned Civil Judge Manali in CMA No.37 of 2024 in CS No.199/2023, whereby an application under Order 1 Rule 10 CPC filed by present petitioner has been dismissed.

2. Heard counsel for the parties, perused the impugned order and the documents appended thereto.

3. The plaint filed by respondent No.1 (Civil Suit No.199/2023) is appended along with the present petition as Annexure P-1. From a perusal of the same, it is evident that the suit filed by respondent No.1 seeking declaration, consequential relief of permanent prohibitory and mandatory injunction has been preferred with respect to three khasra numbers i.e. Khasra Nos.1326, 1327 and 1328 situated in Mohal Simsa, Phati Nasogi, Tehsil Manali, District Kullu, Himachal Pradesh. These lands are depicted in the revenue record in the ownership of the State and in the possession of "Mukhtalif Kabijaan Najayat". Further in the plaint it has been alleged that the present petitioner has inimical relations with the respondent No.1/plaintiff, due to which at the instigation of one of the petitioner’s relative, who is posted as a senior bureaucrat, a false and frivolous complaint was got lodged by the present petitioner with respondent No.3, which culminated in an eviction order dated 22.8.2022, under the Himachal Pradesh Public Premises and Land (Eviction and Rent Recovery) Act, 1971 (in short, "PP Act"). Besides the aforesaid, connivance inter se respondent No.3 and the present petitioner is also alleged in the plaint.

4. At the very outset, it would be appropriate to refer to the reliefs, which are being sought by respondent No.1 in the Civil Suit No.199/2023, wherein the present petitioner had filed an application for being impleaded as a party. The reliefs claimed therein are being reproduced herein below for a ready reference:-

"(a) That, it be declared that the eviction orders dated 22.8.2022 is wrong, illegal, null and void abinitio and having no binding effect on the rights of the plaintiff, inhabitants and public at large.

(b) That it be declared that motorable road marked and, depicted in suit land as ABCD and their old, ancient, continue uninterrupted, long and the plaintiff other inhabitants of the area and public at large are having right, title and interest to use the same to ingress and outgress from their agriculture land and residential houses.

(c) That it be declared that the plaintiff other inhabitants and public at large are having their old, ancient, continue uninterrupted, long right of worship, over holy pious place of worship" Chortan/ Tomb of ancestors and their old, ancient, continue, uninterrupted, long right of worship and peaceful gathering on the eve of occasion of worship on holy pious place "Chortan' Tomb" over the part of the suit land marked as EFGH of plaintiff and priest of Buddhism and having the right to pay homage by peaceful gathering on the occasion of worship on holy pious place "Chortan /Tomb" over the part of the suit land marked as EFGH

(d) That, the defendants may be restrained through perpetual injunction from causing any unlawful interference over the suit land, from disturbing and forcible dispossession destroying and dismantling motorable road marked and depicted in suit land as ABCD and to demolish and destroy the holy pious place of worship " Chortan/Tomb" and not to cause any unlawful, interference, threatening of destruction changing the nature of the same or any part thereof either themselves, or through their agents, servants