TODAR Vs. STATE OF H.P.

JUDGEMENT

(1.) THE brief facts necessary for the adjudication of this petition are that the land of the petitioners bearing khasra No. 913 measuring 0-0-9 bighas situated in Mohal Gohar, Illqua Machhrot, Tehsil Chachoit, District Mandi, H.P. had been utilized by the HPPWD for the construction of Kandha Road on Jiuni Khad at Gohar in the year 1991-92. They had served a notice upon the respondents for initiating acquisition proceedings for acquiring the land measuring 0-0-9 bighas. They had filed a civil suit No. 104/2001 in the Court of learned Sub Judge Ist Class, Chachoit at Gohar, District Mandi. The learned Sub Judge had dismissed the suit being time barred as well as not maintainable on 16.1.2003. They preferred the appeal before the learned Additional District Judge, Mandi on 20.7.2005 against the judgment passed by the learned Sub Judge on 16.1.2003. They preferred an application under order 23 rule 3 read with section 151 of the Code of Civil Procedure seeking permission of the Court to withdraw the appeal/civil suit with liberty to institute fresh suit in respect of the subject matter of the suit already filed. The learned Additional District Judge, Mandi had permitted the petitioners to withdraw the appeal as well as the suit with permission to file fresh suit on the same cause of action subject to cost of Rs. 2,000/-. The respondents have filed the reply to the writ petition stating therein that the petitioners were allotted old khasra No.495/1 now 183/1 measuring 0-2-9 bighas in exchange of the land taken by the department for the construction of said bridge. The respondents have denied the running of the Gharat in the year 1991-92. The respondents have not stated anything with regard to khasra No. 913 measuring 0-0-9 bighas on which the bridge had been constructed.

(2.) MR . G.R. Palsara, Advocate appearing on behalf of the petitioner had submitted that the land of the petitioners could not be utilized by the respondents' department for construction of a bridge without paying any compensation.

(3.) I have heard the parties and perused the record.