SAMPAT LAL Vs. DEEPCHAND AND ORS.

JUDGEMENT

(1.) By the impugned order dtd.5.8.2011 passed by the learned Additional Sessions Judge No.1, Bikaner in Civil Misc. Case No.270/2011, the learned trial Court found that the plaintiff had no prima facie case and in absence of any title, the land in question which in fact, belongs to Government could not have been sold to the present plaintiff under the agreement to sell and therefore, the temporary injunction was not granted to the plaintiff appellant.

(2.) Having heard the learned counsels and upon perusal of the reasons given in the impugned order, this Court is of the view that there is no error in the impugned order rejecting the application for temporary injunction and both the parties appear to have encroached over the Government land in question and the land in question belongs to the State Government. The application for temporary injunction has rightly been rejected by the learned trial Court. The impugned order, therefore, does not require any interference by this Court. The State Authorities should take steps to remove the encroachment of both the parties.

(3.) Accordingly, the present appeal of plaintiff is found to be devoid of merit and the same is accordingly dismissed. No costs. A copy of this order be sent to the trail court and concerned SDO and the Municipal Board for needful action. Appeal Dismissed.