KATTA VENKATA RAJA SUBRAHMANYAM Vs. GRAM PANCHAYAT, YELLAMANCHINI

JUDGEMENT

(1.) This appeal is preferred by the defendant challenging the decree and judgment dated 14.7.2004 in A.S.No.27 of 2001 on the file of Senior Civil Judge Court, Yellamanchini, confirming in appeal the decree and judgment dated 30.7.2001 in O.S.No.55 of 1996 on the file of Principal Junior Civil Judge Court, Yellamanchili. The parties are hereinafter referred to as they arrayed in the suit.

(2.) The case of the plaintiff in nutshell is as follows. The plaintiff Gram Panchayat is in existence since long time. Narasannapeta Ward is centrally located busy area of plaintiff Gram Panchayat, adjacent to NH-5 road. The defendant has been carrying on business in timber and other house construction material In Narasannapeta Ward. The defendant is also running electric saw mill. The business premises of the defendant is located at a tri-junction of Gram Panchayat road near Nagendra residential colony just opposite to main post office building. NH-5 road running across the Yellamanchili town is very nearer to the defendant's premises intervened by RTC bus stand. As can be seen from the plaint sketch, there is a Gram Panchayat road running from Gandhinagar area to NH-5 road, which is quite adjacent to the timber depot premises of the defendant. The public road is in existence even before inception of plaintiff Gram Panchayat and that road exclusively belongs to it. Recently, the plaintiff Gram Panchayat constructed new culvert at the tri-junction near defendant's timber depot. The width of the Gram Panchayat road at the defendant's timber depot is 49'. In the recent days, in utter disregard of public safety and convenience, the defendant started to stock huge and heavy timber logs, beams etc., on either side of the panahcyat road outside its entrance gate. It is causing obstruction and annoyance to the neighbouring residents and the public using the Gram Panchayat road. The plaintiff has received number of complaints against the defendant. The Executive Officer of the Gram Panchayat issued a notice to the defendant directing him not to obstruct the Gram Panchayat road. The defendant got issued reply notice. The area of the road obstructed by the defendant extends to a length of 59' and the width of 49' road. Hence the suit is filed for perpetual injunction.

(3.) The defendant filed written statement inter alia contending that the residents or the public of the locality never made any representation to the plaintiff. Neither the Executive Officer nor the President of the Gram Panchayat visited the locality at any time. The officials of the Gram Panchayat never requested the defendant and his men not to cause any obstruction to the public. The defendant is keeping timber in Government poramboke situated in survey Nos.53-3 and 378-8. The parents of the defendant and the defendant have been paying B-memo charges for the Government for using the Government poramboke. The building in which the timber depot is situated belongs to his mother. The defendant is using the Government poramboke for keeping his logs whenever necessary. The space between the post office building and the timber depot of the defendant is the end portion of the way via the western bund of "Kommayya" tank from NH-5. There are thorny bushes and huts on either side of the tank bund. The plaintiff never made any repairs to the said space and the way via tank bund, and is allowing the same to get deteriorated from year to year. It is this omission on the part of the plaintiff is causing inconvenience to the public, but not the acts of the defendant as alleged in the plaint. The defendant has given a suitable reply dated 01.2.1996 to the notice issued by the plaintiff. Again the plaintiff gave a notice dated 10.6.1996 asking the defendant to remove the logs on the road. The suit is filed at the instance of the Sapranch of the plaintiff Gram Panchayat suspecting that the defendant worked against her in the recent elections. Therefore, the suit is liable to be dismissed.