Civil Revision Application No. 885 of 1996.
Coram: R. R. Jain, J.
February 14, 1997.
Order:
Aggrieved by the order dated 5.8.1995 passed by the learned Civil Judge (S.D.)., Himatnagar in Civil Suit No.119 of 1995 issuing mandatory direction to repair culvert on the main highway, the petitioners- State of Gujarat have preferred this revision application. On perusal of the impugned order, it appears that the interest of the petitioners has been sufficiently protected by observing that in the event the plaintiff/respondent fails in the civil suit the cost to be borne by the State Government can be recovered from the respondent/plaintiff.
Even otherwise also roads and highways are State properties and it is the duty of the State to repair and maintain and if it is not repaired or maintained well in time, ultimately causes inconvenience to citizens, in my view, the court below has not committed any error in issuing mandatory direction. Hence, the impugned order does not call for any interference. The revision application being devoid of merits, is rejected. Notice is discharged. Interim relief stands vacated.
14.2.1997.( R.R. Jain, J. )