In the plaint, it is not the case of plaintiffs that they have raised any construction over the Government land of Nallah, in excess to their allotted land of 250.25 Sq. Yards nor it is the case of plaintiffs that they have applied before the Nagar Nigam for allotment of Government land on 03.07.2023, as stated by petitioner No.1 in additional affidavit. The civil suit and application for temporary injunction was filed by plaintiffs on 06.07.2023 i.e. after 03.07.2023. It may also be noticed that plaintiffs have filed a simplicitor suit for temporary injunction and no declaration in respect of show cause notice dated 27.06.2023 has been asked for to question the same as null and void nor any rejoinder has been filed by plaintiffs to the reply of application for temporary injunction filed by the Nagar Nigam wherein in para 5 and 7, it was made clear that because plaintiffs made encroachment over and above to the allotted area of 250.25 Sq. Yards and raised unauthorized construction without sanction of maps, therefore, the show cause notice was served upon plaintiffs. Thus, it is apparently clear that plaintiffs are taking dubious and double stand, just to save their encroachment made by them on the Government land of Nallah, which is undeniably, unauthorizedly and in excess to the lease hold land area of plaintiffs.
