LAXMI NARAIN UPADHYAS Vs. GRAM SABHA

JUDGEMENT

(1.) This is defendant's Second Appeal against the judgment and decree dated 25.1.1991 passed by Sri Rakesh Dull, the then Special Judge (E. C. Act)/Additional District Judge. Agra in Civil Appeal No. 24 of 1986 arising out of Suit No. 239 of 1977 which was dismissed on 24.12.1985 by the trial court, i.I.e.. VIth Additional Civil Judge. Agra.

(2.) The facts of the present case lie in a very narrow compass. The Gaon Sabha, Pachokra. Tahsil Etmadpur, district Agra has been holding a cattle hat over its Plot Nos. 832, 835, 836 and 837 from much before the year 1956. Earlier the hat was organised by the Gaon Sabha Itself but subsequently, the right to hold the hat was auctioned on year to year basis. Laxmi Narain defendant-appellant No. 1 was a Clerk/Scribe engaged in the hat on behalf of the Gaon Sabha. He along with two other defendant-appellants purchased the Plot No. 834 in the year 1963 and with the help of other defendant-appellants, started holding hat on the aforesaid plot on every Friday. There arose a dispute about the rival claims to hold the hat on different plots and consequently. preventive measures by invoking Section 144 of the Code of Criminal Procedure were taken and it was ordered that the defendant-appellants may hold the hat on their plot on every Monday. The said order dated 18.1.1970 was quashed by this Court on 27.4.1972 in a writ petition filed by defendant-respondent No. 1 Laxml Naraln. Thereafter, the Gaon Sabha, Pachokra adopted a. resolution under Section 15 (h) of the U. P. Panchayat Raj Act (hereinafter referred to as 'the Act') to the effect that no person shall hold a hat on Friday and on the remaining days of the week, no hat shall be held within four Kins, of the plots of Gaon Sabha. The defendant-appellants were not deterred by the said resolution and Instead they purchased Plot Nos. 830A, 830B, 842 and 843 and expanded the area of holding the hat over all these plots, Including Plot No. 834 which was purchased in the year 1963. When the defendant-appellants did not see to reason and continued to flagrantly violate the resolution adopted by the Gaon Sabha, necessity to Institute Suit No. 239 of 1977 arose in which the relief for permanent Injunction was claimed to restrain the defendant-appellants from holding hat over their plots on Friday and within four Kms. of the plots of the Gaon Sabha on the remaining days of the week.

(3.) The defendant-appellants resisted the allegations of the plaintiff-respondent primarily on the ground that Gaon Sabha has no Jurisdiction or authority to adopt the resolution under Section 15 (h) of the Act and that as a matter of fact, no resolution dated 14.8.1977 was adopted by the Gaon Sabha. It was also alleged that the Plot Nos. 832, 835. 836 and 837 belonging to the Gaon Sabha are not suitable for holding the hat as they are occupied by Abadt and are in possession of the residents of the village : that there exists water tap and Pathshala over the said plots and on account of deep and wide pits, it was not possible to hold hat by the Gaon Sabha and, therefore, there is no justification for the Gaon Sabha to injunct the defendants from holding their hat over Plot No. 834. The plea that the suit for the relief of injunction is not maintainable (besides other ornamental pleas) was also taken.