SATISH CHAND Vs. MANOJ KUMAR

JUDGEMENT

(1.) THIS petition under Article 227 of the Constitution of India is directed against that portion of the order dated 14.5.2010 passed by the learned Additional District Judge, Shimla whereby the application filed by the Petitioner for appointment of the Local Commissioner was rejected.

(2.) BRIEFLY stated the facts of the case are that the Respondent Manoj Kumar filed a suit against the Petitioner Satish Chand for mandatory and permanent prohibitory injunction with respect to the land comprised in Khasra No. 705. Thereafter, amendment was carried out and a grievance was also raised in respect of Khasra No. 706 and it was alleged that the Petitioner -Defendant had encroached upon the land comprised in Khasra Nos. 705/1 and 706/1. The suit was filed in the year 2002. Thereafter, parties led evidence and finally the suit was partly decreed and the Defendant was directed to remove the super structure raised by him in land comprising Khasra No. 705/1 as described in Naksha Tafawat, Ext. P.W. 4/B attached with demarcation report, Ext. P.W. 4/A measuring 0 -00 -72 hectares and thereafter, deliver the vacant possession thereof to the Plaintiff. Defendant No. 1 was also restrained from interfering in the suit land in any manner.

(3.) SH . B.S. Chauhan, learned Counsel for the Petitioner has taken me through the entire record including the demarcation report. According to him, though the application for demarcation was only in respect of Khasra Nos. 655 and 705, the revenue officer has wrongly stated that there is encroachment on Khasra No. 706 also. He also contended that in the Naksha Tafawat, no measurements with regard to the Khasra No. 706 or 706/1 have been given.