5. In the plaint averments, it has been stated that Defendants No.1 & 2, in a fraudulent manner, diverted Nistari Talab situated in Khasra No.21/322 at Village- Amlibhouna, Tehsil and District- Raigarh and obstructed the way of the villagers. Later on, the Revenue Authorities cancelled the said diversion. However, now, the defendant is creating obstruction over the Government land (In the Revenue entries, it has been mentioned that it has been used for the Mavesi Nistar) bearing Khasra No.18 admeasuring area 0.085 Hectare, which is being used as road by the plaintiffs. Upon being asked, learned counsel for the petitioner fairly admits that in the Government record, such passage is not recorded as Government road. Moreover, if any encroachment on such land has been made, the petitioner may file a complaint before the Revenue Authorities and in turn, it is expected from such Authorities to proceed in accordance with law. As the Plaintiff has filed the present Suit for easementary rights of the passage, in which, an application has been filed under Order 39 Rule 7 of the C.P.C. for spot inspection to facilitate the adjudication of the interlocutory application for injunction, such application can be decided on the basis of an affidavit submitted by the parties and the material available before the Court and also on the basis of the photographs of the subject land from every directions, which necessitates to establish their case.
