BASESHAR Vs. GRAM PANCHAYAT

JUDGEMENT

(1.) The present second regular appeal has been filed by the appellant-plaintiff, Baseshar, challenging the judgment and decree dated 29.10.2011 passed by the learned Additional Civil Judge (Junior Division), Bhiwani, whereby the suit filed by the appellant/plaintiff was dismissed, and the judgment dated 19.11.2013 passed by the learned Additional District Judge, Bhiwani, whereby the first appeal filed by the appellant/plaintiff was also dismissed.

(2.) The brief facts of the case though enshrined in the judgments of both the court below but for the sake of convenience, the same can be summarized as under:-

(3.) In response to the notice issued, the respondent/ defendant, Gram Panchayat, filed the written statement and raised the preliminary objections of maintainability of the suit; cause of action; locus- standi of the appellant/plaintiff; and that he (appellant/plaintiff) was estopped from filing the suit by his own act and conduct. The jurisdiction of the Court for entertaining the suit was also questioned. While filing the reply on merits, it was claimed by the respondent/defendant that the plaintiff owned and possessed the house shown in blue colour and marked with BEFG in the site plan Ex.P-1 and the dimensions of the house were also mentioned in the field book of the village Bidola where the name of the plaintiff was entered against entry at Sr.No.11. There was a public street which was shown with yellow colour in the site plan which was leading towards northern side of the village Phirni and towards southern side of village pond. There was yet another pucca street leading towards the main road and it merged in the street leading towards the village Phirni. The appellant/plaintiff had illegally and without authority encroached upon the part of the public street towards the western side of the disputed property and had constructed a temporary room shown with red colour and marked with letter ABCD on 20.11.2006. When the said fact came to the notice of the respondent/defendant, Gram Panchayat, that the appellant/plaintiff had raised illegal construction on the public street which was causing obstructions in the use and occupation of the street, a notice dated 20.11.2006 in terms of Section 24(1) of the Haryana Panchayati Raj Act, 1994, was issued by the respondent/defendant to the appellant/plaintiff but he (appellant/ plaintiff) refused to receive the same. Yet another notice dated 23.11.2006 as per Section 24(2) of the Haryana Panchayati Raj Act, 1994, was also issued but the appellant/plaintiff ignored the said notice as well. Thereafter, the respondent/defendant passed a resolution and requested the Deputy Commissioner, Bhiwani, for getting the unauthorized encroachment and temporary construction removed. Resultantly, the Deputy Commissioner, Bhiwani, was pleased to direct the Block Development and Panchayat Officer, Tosham, to get the unauthorized encroachment removed. In the meantime, the appellant/plaintiff filed a civil suit against Ram Kishan, the then Sarpanch, in the personal capacity in which Ram Kishan made statement that the appellant/plaintiff had caused obstructions in the common passage by throwing Malba for which a suitable action would be initiated while exercising his powers as Sarpanch. The said suit was dismissed as withdrawn on 29.11.2006. Yet another suit titled as "Basessar vs. Ganga Sahai and Others" was also instituted by the appellant/plaintiff and the same was also withdrawn on 05.02.2007. To put pressure on the respondent/ defendant, Gram Panchayat, the appellant/plaintiff had filed the suit in hand so that the unauthorized construction raised on the common passage/street by the appellant/plaintiff is not removed by the respondent, Gram Panchayat.