PRABHUDAS NARAYAN GEDAM Vs. MUNICIPAL COUNCIL BHADRAWATI

JUDGEMENT

(1.) RULE is made returnable forthwith. Heard by consent of parties.

(2.) THIS petition is directed against the order dated 8-8-2002 by which the learned Additional District Judge, Chandrapur, declined to grant interim injunction to the petitioners restraining the respondent/municipal Council from acting on the notice for eviction served upon them under section 179 (5) of the Maharashtra Municipal Councils, Nagar Panchayats and Industrial Townships Act, 1965.

(3.) THE petitioners approached the Civil Court. The learned Civil Judge, Junior Dn. , Bhadrawati, found that the petitioners to be trespasser and having no right to occupy the land. On the application of well settled principles of grant or refusal of injunction, the learned Civil Judge refused injunction to the petitioners. The petitioners were found to have made random encroachment on the side of the road causing inconvenience and hardship to the public. The petitioners then carried an appeal to the Court of District Judge, Chandrapur. In the appeal they preferred an application for interim injunction which has been rejected by the learned Additional District Judge. By the impugned order, the learned Additional District Judge found that the encroachment made by the petitioners was removed in the drive in the year 1999 by the Municipal Council. Thereafter the petitioners had again encroached on that land and started doing business by erecting temporary structures on that place. The learned Additional District Judge also rejected the petitioners contention that merely because they are paying the market tax of Rs. 2/- they do not have any right to the land. The learned Additional District Judge has, therefore, concurred with the finding of the Civil Judge, Junior Dn. , and refused the interim injunction sought for. The appeal is, however, pending.