KASHMIRI LAL Vs. MUNICIPAL CORPORATION

JUDGEMENT

(1.) The present revision petition under Article 227 of the Constitution of India has been filed by the plaintiffs-petitioners for setting aside the order dtd. 1/8/2025 (Annexure P-1) passed by the Additional Civil Judge (Senior Division), Hoshiarpur vide which the application moved by the petitioner for appointment of a Local Commissioner i.e., revenue expert for effecting demarcation of the suit land was dismissed. Further, it is prayed that proceedings before the learned Trial Court be stayed during the pendency of the present revision petition.

(2.) That the brief facts are that petitioners had filed a suit for mandatory injunction directing the respondents to hand over the vacant possession of the joint land measuring 15 marlas shown Red in colour and marked as ABCD part of the total land measuring 20 kanals 12 marlas comprised in khewat no.326/323, khatauni no.339, khasra n.36//10 (6-13), khewat 1953/1886 khatauni no.2113, khasra no.3//1/2 (6-9) and 2/2 (3-12) and khewat no.2458/2362, khatouni no.2664, khasra no.36//9 (3-8), situated in the revenue estate of Village PurHirran, Hudbust No.251 Tehsil Hoshiarpur as per Jamabandi for the year 2017-18 with consequential relief of permanent injunction restraining the defendants from interfering in the joint possession of the plaintiffs over the land in question and from further dispossessing the plaintiffs forcibly from the land in question in any manner, in short. The case set up by the petitioners was that they are owner-in-possession of the joint land mentioned in the head note of the plaint. Respondents have encroached upon part of the suit property and have built a metal road over the same without there being any proceeding by the Respondents to acquire the suit property. Respondents have no right,title, or interest over the suit property and therefore, they have no right to construct a metal road in the suit property.

(3.) That the Respondent No. 2 and 3 filed a joint written statement denying the claim of the petitioners wherein it was specifically pleaded that the Respondents No. 2 and 3 had constructed a link road i.e., Hoshiarpur Phagwara By pass road (Hawkins pressure Cooker Factory) to Gurudwara Jahraur Jahur (Hoshiarpur Chandigarh By pass) after getting a grant under the scheme MP Local Area Development Scheme. The aforesaid Scheme was duly approved by the Deputy Commissioner, who had given his approval vide letter dtd. 4/5/2018 to Executive Engineer, Provincial Division, PWD (B&R), Hoshiarpur to construct the aforesaid road for the welfare of public at large. Before construction of the link road there was a Kachha Rasta of Municipal Corporation which is part of Khasra No. 142. The aforesaid road has been constructed for greater public use and welfare of general public which has been constructed over the existing Kachha Road and no encroachment whatsoever has been done by the respondents.