The appointment of a Local Commissioner is justified to ascertain facts regarding encroachments and assist in adjudicating property disputes.

JUDGMENT :

Vikas Bahl, J.

1. This is a Civil Revision Petition filed under Article 227 of the Constitution of India for setting aside the order dated 20.07.2024 (Annexure P-6) passed by the Civil Judge (Junior Division), Malerkotla whereby the application of respondent No. 1 for the appointment of a Local Commissioner has been allowed.

2. Brief facts of the present case are that the respondent No. 1 had filed a suit with the following prayers:

“(A) Suit for Mandatory Injunction directing the defendant No. 1 to remove the illegal encroachment made by him on 35' wide street (towards eastern side of property of the plaintiff) and 38' and 16.6” wide street towards eastern side of the property of the plaintiff fully shown in orange colour in the site plan -X- with heaps of sand bajri etc. placed by the plaintiff on the above mentioned 35' and 38' & 16.6" wide roads fully shown in the site plan mark ‘X’ situated at Backside Idasa Factory, Chah Bansan Wala, Near Ludhiana Road Malerkotla District Sangrur and further issuing directions to the defendant No. 1 to close /fill the illegal basement constructed by the defendant No. 1 over his property, without taking any permission from defendant No. 2 and any consent from the plaintiff in which he is running his business in the name and style as Noor Building Material Store, which he has purchased vide sale deed No. 1761 dated 22.10.2014, which is near to the property of the plaintiff and for issuing necessary directions to the defendant No. 1 to remove his submersible and fill the bore, which he illegally dug in 38' wide street fully shown in the site plan or any other relief which this Hon’ble Court may deem fit and proper.

(B) Suit for Permanent Prohibitory Injunction restraining the defendant No. 1 from placing any construction material including sand bajri etc on the above mentioned 35" 38' and 16.5' wide streets and further restraining the defendant No. 1 from blocking the passage of aforesaid 35' 38' and 16.6' wide street by way of parking any vehicle or otherwise illegally, forcibly and without due course of law or any other relief, which this Hon’ble Court may deem fit and proper.”

3. In the plaint, it was stated that the plaintiff-respondent No. 1 had purchased a property measuring 1318.38 square yards with specific boundaries vide registered sale deed dated 07.07.2009 and the said property of the plaintiff abuts a passage of 35' wide towards the eastern side and 30' wide towards the northern side. It is averred that towards the eastern side of the property of the plaintiff, the defendant No. 1/petitioner had purchased property vide sale deed dated 22.10.2014 and that he had encroached upon a part of the street fully depicted in the site plan and the said act of the petitioner was decreasing the area of the street. It was further averred in the plaint that defendant No. 1/petitioner also used to place bajri, sand, heavy vehicles etc. on the above mentioned street and thus used to block the said street and that defendant No. 1-petitioner had also raised an illegal basement in the property without taking any permission from defendant No. 2- Municipal Committee, Malerkotla.

4. A written statement was filed by the present petitioner and the fact that he had purchased the property vide a sale deed dated 22.10.2014 was admitted in the said written statement.

5. An application for the appointment of a Local Commissioner was filed by respondent No. 1 to which the reply was filed by the petitioner. The trial Court vide order dated 20.07.2024 had allowed the said application and had appointed the Kanungo Incharge of area as Local Commissioner and the Local Commissioner was further directed to give prior notice to all the parties about the date and time of inspection and then measure and demarcate the road / public street in front of the house of the defendant as well as the area on which the construction has been raised by the defendant as well as report regarding the existence of any submersible m