BRAHMA NAND SATI Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) Heard Sri Dinesh Gahtori, Counsel for the appellant.

(2.) BY the present Second Appeal filed under section 100 of the Code of Civil Procedure, appellant has prayed for setting aside the judgment and order dated 15. 3. 2007 passed by the District Judge, Rudraprayag in Civil Appeal No. 3 of 2006 State of Wtaranchal v. Brahma Nand Sati and others arising out of Civil Suit No. 11 of 2000 Sri Bramha Nand Sati and others v. State of Uttarakhand and others.

(3.) Defendant No. 1 has contested the suit by filing a written statement Paper No. 30 Ka denying all the averments contained in the plaint. In the additional pleas, the plaintiffs have stated that Khasra No. 151 Non Z. A. (Present Khasra No. 239) is State land, where neither any Gaushala nor the same is in possession of the plaintiffs, nor there is any well. Further, it has been stated that as there is a public Gauchar, Panghat, this vests in the State, which can be used by the State at any moment and if any Patwari Chauki is constructed over there, it will not effect the easementry rights of the plaintiffs. It has further been stated that the Chauki is being constructed on the proposal of the Gram Sabha and there is no land in the Centre for Patwari Chauki. It has further been stated that incorrect application had been given to the District Magistrate just to confuse him and no stay order had been granted by the District Magistrate for stopping the construction. It has further been stated that on the said place, the Patwari Chauki is ready and therefore, the suit of the plaintiff is liable to be rejected.