KISHORE Vs. GRAM PANCHAYAT

JUDGEMENT

(1.) Heard Sri S.K. Purwar, learned counsel for the appellant. This is defendant's appeal. Gram Panchayat through its Pradhan instituted Original Suit No. 756 of 1987 against defendant-appellant seeking injunction that he shall not interfere on disputed land, which is a public land belong to Gaon Sabha and is entitled to be used by public at large for various purposes.

(2.) The only argument advanced before this Court is that aforesaid suit was instituted by Gaon Sabha by engaging a private counsel though a private counsel has no right to represent Gaon Sabha or institute legal proceedings on behalf of Gaon Sabha. The Trial Court found that land belong to Gaon Sabha and defendant has no right or interest therein except that being a part of general public, he may also use the same like others but has no right to encroach thereupon or raise any construction for his individual benefit and interest.

(3.) Issue No. 6 was considered as to whether suit was instituted without there being any resolution passed by Gaon Sabha and also whether a private counsel can be represented or not. The Trial Court held that paper No. 54C was a resolution of Gaon Sabha and item No. 5 was in respect to filing of suit by Gaon Sabha. It also authorised Gram Pradhan to do necessary Pairvi through Government or private counsel, as the case may be. The issue was decided against appellant and suit was ultimately decreed vide judgment and decree dated 13.9.1991 whereagainst defendant-appellant's civil appeal No. 100 of 1991 had also been dismissed by Lower Appellate Court i.e. Additional District Judge, Room No. 6, Deoria (hereinafter referred to as "LAC") vide judgment dated 16.5.2001.