MIRADEVI Vs. NAGAR PANCHAYAT KATGHORA AND OTHERS

JUDGEMENT

(1.) Heard on admission.

(2.) This second appeal is preferred by the plaintiff.

(3.) As per the plaint allegation, the appellant was in occupation of certain land at Bus-Stand, Katghora and was running her electricity shop. On 05.12.1988, a notice was served through the Tahsildar, Katghora and the plaintiff was directed to remove the encroachment on an area admeasuring 20x60 sq.ft. and for noncompliance thereof, a fine of Rs.5,000/- was imposed. The plaintiff contended that the plaintiff was in possession of the said suit shop, wherein electricity connection was provided, wherein the defendant never objected to provide such electricity connection. Subsequently electricity and water connection were also disconnected. The plaintiff filed a suit for declaration of title and injunction was also prayed for that the defendant be restrained by permanent prohibitory injunction not to disturb the peaceful possession of the plaintiff. During the pendency of the suit, amendment was incorporated stating that on 07.12.98, despite the order was passed by the High Court to maintain status-quo, the respondents/defendants have demolished the shop on 12.12.1998 and thereafter, commercial complex was developed over such land and 35 shops were constructed. It was further pleaded that 9 shops were not allocated and were in possession of the defendant No.2. It was further pleaded that the shop may not be allocated in favour of the third party. It was further pleaded that the defendant, Nagar Panchayat, Katghora was not legally allocated the land and the proceedings of the allocation was not published in the Rajpatra, therefore, the title of the defendant over such land was that of a encroacher and therefore, could not have allocated the lands.