CHAIL SINGH Vs. MUNICIPAL CORPORATION JODHPUR

JUDGEMENT

(1.) THE petitioner claims to be in possession of the plot admeasuring 10' x 15. 6' since number of years, on which he constructed a garage since last more than 30 years. Lease deed was executed in his favour by the respondent No. 1, Municipal Corporation, Jodhpur on 6. 7. 1985 (Annex. 1 ). Alongwith the lease deed, site plan is annexed at page 39 of this petition.

(2.) PRIVATE respondent No. 3 being inimical to petitioner filed appeal u/s. 80 of the Rajasthan Municipality Act, 1959 before the District Collector, Jodhpur and prayed that the order passed by Municipal Corporation, Jodhpur granting lease in favour of the petitioner be quashed. It was transferred to Addl. District Magistrate before whom the petitioner made appearance and the case was registered as case No. 15/85. The petitioner approached the civil Court and filed a suit for perpetual injunction by impleading the Addl. District Magistrate as party respondent alongwith the respondent No. 3 and by way of interim prayer the petitioner prayed that Addl. District Magistrate be restrained from proceeding further with the case No. 15/85. Initially, temporary injunction was granted ex-parte and lateron it was made absolute till the final disposal of the case. Lateron, the suit was decreed by the Addl. Munsif and Judicial Magistrate No. 2, Jodhpur on 25. 8. 1992.

(3.) ON merits also the petitioner has no case. It was tried to be submitted by the learned counsel for the petitioner that there was no evidence before the learned Collector, Jodhpur to accept the appeal filed by the respondent No. 3. From the plan which is annexed alongwith the lease deed at Annex. 1 at page 39 it is clear that it was a public way on which a garage was constructed by the petitioner. A bare look at the site plan of the plot in question goes to show that it was nothing but encroachment and it is well settled law that lease deed cannot be executed of a land which is a public way.