Court No. - 40
Case :- MATTERS UNDER ARTICLE 227 No. - 5036 of 2019 Petitioner :- Narendra And Another Respondent :- Ram Shankar And 16 Others Counsel for Petitioner :- Chandra Kumar Rai Counsel for Respondent :- Shailendra Kumar Sharma,Rajesh Kumar Singh
Hon'ble Manoj Kumar Gupta,J.
The instant petition is directed against the order dated 17.5.2019 passed by appellate court in Misc. Civil Appeal No.21 of 2015. By the said order, the appeal has been allowed and order of the trial court dated 27.2.2015 allowing application 6C2 and granting temporary injunction in favour of the plaintiffs-petitioners has been set aside.
The appellate court has noted that the plaintiffs claim that the suit property is part of Plot No. 707 and it belongs to them. However, the revenue record shows that only .003 hectare of Plot No. 707 was allotted to the petitioners in lieu of land taken from them from Plot No. 708 for construction of a Nali. Plot No. 707 is Gaon Sabha land recorded as Naveen Parti. The appellate court has observed that the plaintiffs who are staking their claim over whole of Plot No.707, are unable to explain how they had come in possession of any area beyond .003 hectare. Accordingly, the appellate court has held that there is no prima facie case in favour of the plaintiffs-petitioners and has allowed the appeal.
Learned counsel for the petitioners is not in a position to dispute that the Plot No. 707 is recorded as Naveen Parti and is thus Gaon Sabha land. He also does not dispute that only .003 hectare of Plot No.707 was allotted in favour of the plaintiffs. He is not in a position to show that the plaintiffs have title in respect of the remaining area of Plot No.707.
In such view of the matter, this Court finds no illegality or perversity in the findings recorded by the appellate court so as to warrant interference with the same in exercise of supervisory power under Article 227 of the Constitution.
The petition is accordingly dismissed.
(Manoj Kumar Gupta, J.) Order Date :- 25.7.2019/Shashank