SMT. KRISHNA DEVI Vs. PUBLIC WORKS DEPARTMENT

JUDGEMENT

(1.) The petitioner-plaintiff (hereafter 'the plaintiff') is aggrieved of the order dated 22-8-2017 passed by Civil Judge Pilani, District Jhunjhunu, dismissing her application under Order 39 Rules 1&2 CPC, as also the affirming order dated 23-1-2018 passed in Miscellaneous Appeal by the Additional District Judge Chirawa, District Jhunjhunu.

(2.) The case set up in the suit for permanent injunction laid by the plaintiff as also in the accompanying application under Order 39 Rules 1&2 CPC was that on 18-3-1998 she had purchased land for a shop from the defendant No.5, to whom the land was allotted by Thikana Bisau on 18-2-1948 by a registered sale deed. Thereafter she obtained the necessary building permission from the Municipality Surajgarh on 13-4-1999. Following the construction, she started running her business of sweets under licence from the Municipality obtained on 28-4-1999. On the defendant No.1 issuing a notice on 6-6-2017 for removing the plaintiff's shop allegedly an encroachment for the purpose of constructing a road "Gaurav Path", she had no option but to file a suit for permanent injunction along with an application for temporary injunction. The defendant No.1, the Public Works Department was sought to be restrained by a temporary injunction in the first instance.

(3.) On service of summons, the defendants No.1 to 3 filed reply to the application under Order 39 Rules 1&2 CPC and submitted that shop constructed was an encroachment on a demarcated road. It was submitted that as per Government's circular issued in the year 1980 on both side of a village road in an area of 12 meters no construction could be raised. As per report of the Site Commissioner the shop was built in the prohibited area and hence was liable to be removed for construction of a public road.