RAMAVTAR Vs. STATE OF RAJASTHAN AND ORS.

JUDGEMENT

(1.) CHALLENGE in this writ petition is to the order dated 3.1.2011 rendered by Civil Judge (Jr. Division), Dausa, whereby he dismissed the application filed by the Petitioner -Plaintiff under Order 6 Rule 17 Code of Civil Procedure to make amendment in the plaint.

(2.) LEARNED counsel for the Petitioner canvassed that Petitioner and Respondent No. 4 were the co -owners of land bearing khasra No. 649/1525 ad -measuring 5 bigha 12 Biswa situated in front of Railway Gate No. 181, Dausa. Earlier the Respondents No. 1 to 3 acquired the said land for the purpose of constructing Highway, but subsequently it was de -acquired. The revenue authorities joined the land of khasra numbers 578 to 590 and gave a new khasra No. 1458 of the whole land, showing the same to be agricultural land, but the land of the Petitioner bearing khasra No. 649/1525 was not included in the changed khasra Nos. The Petitioner filed a suit for declaration and injunction in the year 1994, which was decreed in favour of the Petitioner and Respondent No. 4 on 31.5.1999 and the Respondents were directed to declare the land as Abadi land and new khasra No. be given to the land of the Petitioner and they were also restrained from demolishing the construction and taking possession of the said land. Learned counsel further canvassed that now the Respondents have taken a decision to construct a new National Highway No. 11A from Dausa Railway Station over gate No. 181 and to link the same, the Respondents are going to construct approach road, service road, railway over -bridge and drain. The Respondents started construction in the land of the Petitioner bearing khasra No. 649/1525 on 15.9.2009 and therefore, the Petitioner filed a suit for injunction against the Respondents and they were restrained from raising construction on the land of the Petitioner. The Petitioner filed an application seeking an amendment in the plaint and temporary injunction application with a view to unfold the complete details of previous changes made by the Respondents and revenue Department in khasra No., but the same has been dismissed arbitrarily by the learned trial court vide order dated 3.1.2011, hence the impugned order dated 3.1.2011 needs to be set -aside and the writ petition filed by the Petitioner deserves to be allowed.

(3.) HAVING considered the submissions made by the learned Counsel for the parties, it is found that as per the report of Naib Tehsildar, Dausa dated 8.12.2010, presently the land bearing khasra No. 649/1525 is not in existence. This is the old khasra No., which existed prior to settlement. Presently, the land in question, is related to khasra No. 1432, which belongs to Public Works Department and Irrigation Department. The land juxtaposed to land bearing khasra No. 1432 is of khasra No. 1458 and out of the entire land of this khasra No., 0.10 ha land belongs to Public Works Department and Irrigation Department. Rest of the land is entered in the name of Municipality, Dausa. The Dausa town is also situated on the land bearing khasra No. 1458, but so far as the land bearing khasra No. 649/1525 is concerned, this number does not exist at all in the revenue record. Since the Petitioner -Plaintiff claims the land bearing khara No. 649/1525 ad -measuring 5 bighas and 12 biswa to be his own and in the joint name of Defendant Ram Chandra, he needs an amendment to be made in the plaint in the light of the report of Naib Tehsildar, but the learned trial court dismissed the application.