RAJ KUMAR SHARMA Vs. MUNCIPAL COUNCIL

JUDGEMENT

(1.) This writ petition under Article 227 of the Constitution of India has been preferred claiming the following reliefs:

(2.) As per the pleaded facts, towards northern side of the petitioners' house situated in Ward No.37, Indira Colony, Rajgarh via house of one Murli Prajapat towards houses of one Mahendra Sharma and Chhagan Lal lies a public way going towards Hisar Road; earlier a drain was constructed from the funds of the Member of Parliament (M.P.) quota, for the flow of filth and polluted water and the same was headed from southern side to northern side, as per the natural slant.

(3.) Learned counsel for the petitioner submitted that the suit in question was not instituted for any personal gains but for protecting the right to access of public at large, and thus, the learned Courts below erred in not appreciating the fact that there was no counter to the assertions made by the petitioners; further, the allegations of encroachment and malafide conduct of respondent no.2 in connivance with respondent no.1 have been clearly substantiated, rather remained uncontroverted, on the face of the record.