ASSISTANT ENGINEER PUBLIC WORKS DEPTT Vs. GEETA DEVI

JUDGEMENT

(1.) THIS is second appeal filed by defendant-appellants against the judgment and decree dated 25/4/2000 passed by district Judge, Dausa in Civil Regular Appeal No. 33/1994 (07/94)whereby the judgment and decree dated 10/1/1994 passed by munsif, Lalsot in Civil Suit No. 120/1993 has been affirmed.

(2.) BRIEFLY stated the facts of the case are that plaintiff, respondent herein, filed a suit for permanent injunction against the defendants, appellants herein, with the averments that the plaintiff was allotted one plot by Municipal Board, Lalsot on 20/4/1988 on her depositing the required charges and on 25/4/1988 permission was also accorded to her to raise construction over the disputed land. The defendants issued a notice dated 15/1/1990 under section 90-91 of the Land revenue Act, reply of which had already filed by the plaintiff but the Assistant Engineer of the defendant-department did not pass any order and on 26/3/1990 the Assistant Engineer of the defendant-department came with labour to forcibly demolish the boundary of said disputed plot and threatened the plaintiff to demolish the said construction on 27/3/1990. Therefore, prayer was made to restrain the defendants by way of permanent injunction.

(3.) THE defendants in their written statements denied the averments of the plaint and stated that the disputed land is in the ownership of the Public Works Department and the municipal Board, Lalsot has no right to issue any 'patta' over the disputed land nor the Muncipal Board can grant permission to raise construction and the boundary wall of the disputed land has been constructed by the Public Works Department. It was also pleaded that disputed land is in Khasra no. 1506 which is in the khatedari of the Public Works Department and therefore the disputed land being agricultural one the civil court has no jurisdiction to entertain such suit.