SURENDER KUMAR Vs. GRAM PANCHAYAT, BARIAWAS

JUDGEMENT

(1.) The question for determination in this revision petition is whether it is a condition precedent to serve a notice under Section 205 of the Haryana Panchayati Raj Act, 1994 (hereinafter referred to as the "1994 Act") before instituting a suit against a Gram Panchayat. The petitioner-plaintiff brought a suit against the Gram Panchayat, Bariawas through its Sarpanch and other officials for declaration and permanent injunction with the averments that he is owner in possession of the suit property as legal heir of Ramji Lal and the same is his ancestral property and is owned and possessed by him and his ancestors since the time of consolidation and there is a residential house, boundary wall and darwaja in the same. The same has never been used for any public purpose and the level of the land was uneven and was made even by the ancestors of the petitioner-plaintiff in the year 1970. It is further averred that the houses of respondent Nos. 4 and 5 - defendant Nos. 3 and 4 are just opposite to the suit property and they have encroached upon the common passage. Respondent No. 5-defendant No. 2 is Sarpanch of the Gram Panchayat, whereas respondent No. 4-defendant No. 1 is political person. During the pendency of the suit, arguments on the point of maintainability of the suit were heard. It was observed that suit is not maintainable against the government officials i.e. defendant Nos. 4 and 5 for want of service of notice under Section 80 of the Code of Civil Procedure (hereinafter referred to as the "Code") and suit qua Gram Panchayat is not maintainable for non serving of notice under Section 205 of the 1994 Act. The trial Court vide order dated 26.08.2011 dismissed the suit qua respondent Nos. 1 to 3 - defendant Nos. 3, 4 and 6 for want of service of notice under Section 205 of the 1994 Act. Appeal preferred on behalf of the petitioner-plaintiff was also dismissed by the learned Additional District Judge, Rewari vide order dated 17.08.2013. Hence, this revision petition for quashing of order dated 26.08.2011 passed by learned Civil Judge (Junior Division) Rewari and order dated 17.08.2013 passed by learned Additional District Judge, Rewari.

(2.) I have heard learned counsel for the parties and perused the record.

(3.) Section 204 of the 1994 Act provides bar of action which reads as under:-