The High Court dismissed this writ petition challenging the dismissal of an appeal against a temporary injunction application. The court upheld findings that the petitioner encroached on public land and rejected the claim for an injunction.
The writ petition challenging the improper grant of injunction was dismissed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
S.B. Civil Writ Petition No. 2223/2019
Shanker Lal S/o Rawata Ram, Aged About 65 Years, B/c Chimpa, R/o Ward No.10, Ratanpura Tehsil Sangaria Dist Hanumangarh.
----Petitioner
Versus
----Respondents
For Petitioner(s) : Mr. V.K. Bhadu For Respondent(s) : -
JUSTICE DINESH MEHTA
Judgment
30/07/2019
The present writ petition is directed against the order dated 25.01.2019, passed by the Additional District Judge, Sangaria, District Hanumangarh (hereinafter referred to as “the Appellate Court”), in an appeal (Civil Appeal No.04/2018) filed by the petitioner, vide which the order dated 29.09.2018, passed by the Senior Civil Judge, Sangaria (hereinafter referred to as “the Trial Court”) has been affirmed.
Brief facts relevant for adjudication of the present writ petition are that petitioner-plaintiff filed a suit for injunction against the respondents, interalia, contending that he is having
(2 of 3) [CW-2223/2019]
possession of land admeasuring 8600 square feet in Ward No.10, of village Ratanpura, however the respondent No.4 - Sarpanch of the Gram Panchayat, having animosity with him, is threatening to dispossess him from the aforesaid land.
The petitioner had also filed an application under Order XXXIX Rule 1 and 2 of the Code of Civil Procedure, seeking temporary injunction which was rejected by the learned Trial Court, vide order dated 29.09.2018, interalia, observing that the petitioner had encroached upon public land, without any right and the same falls in the public way.
The learned Appellate Court vide its order dated 25.01.2019 affirmed the finding of fact recorded by the learned Trial Court and rejected the petitioner’s appeal.
Mr. V.K. Bhadu, learned counsel for the petitioner vehemently argued that the petitioner’s possession was an old possession and the entire proceedings for his eviction were taken at the instance of respondent No.4 Sarpanch, Gram Panchayat, who was having political rivalry with the petitioner, else he had been enjoying the possession peacefully.
Having considered the submissions made by Mr. Bhadu and upon perusal of the material available on record, it is clear that the petitioner has encroached upon excess land than what he is/was entitled to. The petitioner cannot claim any right over the encroachment he has admittedly made, nor can he seek injunction as prayed.
The Courts below have rightly rejected petitioner’s request for grant of temporary injunction.
(3 of 3)
[CW-2223/2019]
There is no substance in the writ petition, hence the same is
dismissed.
The Stay Petition No.2155/2019 also stands dismissed.
(DINESH MEHTA),J
18-Ramesh/-
2 issues framed by the court
Whether a petitioner can claim an injunction over land he admitted to encroaching upon public land.
Whether the findings of the subordinate courts regarding encroachment should be challenged via a writ petition.
2 provisions across 1 enactments
Shanker Lal S/o Rawata Ram
State Of Rajasthan, Through Dist Collector, Hanumangarh
Development Officer, Panchayat Samiti, Sangaria
Secretary, Gram Panchayat Samiti, Sangaria
Satya Pal Raher
DINESH MEHTA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
