LAWS(P&H)-2008-3-298

RAMESH KUMAR Vs. GRAM PANCHAYAT, CHUHAR MAJIRA

Decided On March 26, 2008
RAMESH KUMAR Appellant
V/S
GRAM PANCHAYAT, CHUHAR MAJIRA Respondents

JUDGEMENT

(1.) Three revision petition Nos. 1135 of 2007 (Ramesh Kumar v. Gram Panchayat, Chuhar Majra), 1419 of 2007 (Rajbir & another v. Gram Panchayat, Chuhar Majra) and 1597 of 2007 (Joginder Singh v. Gram Panchayat, Chuhar Majra) are being disposed by this common order. The facts are being taken from Civil Revision No.1135 of 2007.

(2.) The petitioner has filed this revision to impugn the order passed by District Judge, Kaithal declining the prayer of the petitioner on an application under Order 39 Rule 1 & 2 CPC.

(3.) The petitioner, who belongs to Scheduled Caste/Scheduled Tribes category, has filed this suit against the Gram Panchayat averring that the suit land was gifted/allotted to him as a plot for construction of a residential house vide a resolution No.1 dated 9.3.2005. Claiming that he is in possession of the suit land as an owner ever since the date of allotment, he has raised construction of his residential house. The panchayat has changed during the recent elections and it is claimed that the new Sarpanch has a personal enmity against the petitioner as he opposed him during the election. Being under the threat of dispossession, the petitioner filed this suit seeking decree of permanent injunction. Along with the suit, he has filed an application under Order 39 Rule 1 & 2 CPC for grant of an interim injunction for restraining the respondent-Gram Panchayat from interfering in his possession.