BHANWAR LAL Vs. MAHADEV VIKASH SAMITI BIKANER

JUDGEMENT

(1.) This appeal is directed against the order dated 29-10-2001 passed by District Judge, Bikaner (hereinafter referred to as 'the trial Court') whereby the application filed by the respondent under Order 39, Rules 1 and 2, CPC was allowed and the appellants were directed not to interfere with the construction of Govt. Girls School building, use and occupation of the land in dispute, education imparted by the school and were further directed not to do any act which adversely affects the rights of the respondents. Aggrieved by the impugned order of the trial Court, the defendant appellants have filed the present appeal under Order 43, Rule 1, CPC.

(2.) Briefly stated facts to the extent they are relevant and necessary for decision of this appeal are that a suit for declaration and permanent injunction was filed by the plaintiff respondents Shri Mahadav Vikash Samiti, Bikaner (hereinafter referred to as 'the Samiti) through its Chairman trustee and the Secretary trustee having been authorised by the Trust to file the suit against the defendant appellants stating therein that the land in dispute has been made available to them for construction of building for Govt. Girls School. The Additional Director (Administration), Board of Primary and Secondary Education, Rajasthan, Bikaner by its letter dated 16-9-93 sanctioned construction of Govt. Girls School on the land in dispute. A sum of Rs. 4,00,000/- were sanctioned by the State Govt. from the quota of the local M.L.A. who is presently Minister in the State Cabinet for construction of building for Govt. Girls School on certain conditions mentioned in the order dated 16-9-93. Work of construction of building for Govt. Girls School has been assigned to M/s. Mayur Construction Co., Bikaner by a contract entered into between the State Govt. through its Executive Engineer of Public Works Department and the construction company. While the construction work was being done, the defendant appellants threatened the members of the Samiti and the persons raising construction of the Govt. Girls School building that the respondents being members of Scheduled Caste, would lodge false cases against the School Management and members of the Samiti. They tried to obstruct the construction work carried out by the contractor. It is said that the title of the land vests in Maheshwari Nathani Panchayat and the land in dispute has been given to the Samiti by the Maheshwari Nathani Panchayat Trust for the purpose of construction of Govt. Girls School, Defendant appellants filed a reply to the application under Order 39, Rules 1 and 2, CPC wherein it was admitted that the title patta for the land might have been in the name of the Maheshwari Nathani Panchayat. In para 10 of the reply, it was averred that the land in question belong to Maheshwari Nathani Panchayat Trust and its Chairman has no right to transfer the land. It was further averred that the land in question is a public land and chowk of Meghwal Samaj. It was further averred that the construction of Ambedkar Bhawan by Meghwal Samaj is proposed on the land in question.

(3.) Learned trial Court consider the material placed before it. Three essential ingredients for grant or refusal of temporary injunction, namely, prima facie case, balance of convenience and irreparable injury, were considered by the trial Court. While considering the prima facie case, the trial Court held that on the basis of the documents filed before it, prima facie, the land in dispute relates to Patta No. 750 of the year 1919, in the name of Maheshwari Nathani Panchayat. The said Panchayat Trust has issued no objection for construction of building for Govt. Girls School to the Primary and Secondary Education, Department of Education, Rajasthan, Bikaner, Plaintiff Samiti is a registered society. There was an earlier suit and an application under Order 39, Rules 1 and 2, CPC filed by Kamla alias Kamalo Meghwal and Santu alias Santosh Kumar Meghwal before Civil Judge (Junior Division), Bikaner with regard to the very same land in question. Vide order dated 4-11-97, the applications filed by Kamla and Santu as also by Dayal Chand and others seeking temporary injunction were rejected. As against the order of the trial Court dated 4-11-97 rejecting the application for temporary injunction, the petitioners therein preferred appeal before the learned Additional District Judge No. 1, Bikaner, which came to be dismissed by the appellate Court vide order dated 9-1-98. The trial Court also dismissed the main suit vide judgment and decree dated 1-10-2001. The trial Court also considered that a sum of Rs. 4,00,000/- has been sanctioned for construction of building for Govt. Girls School from the M.L.A. quota by the State Government. The trial Court prima facie examined the title as well as the question of possession of the land. Trial Court also considered the Commissioner's report. After having considered all the material, the trial Court prima facie came to the conclusion that the land is in possession of the Samiti and the construction of Govt. Girls School is being raised and as such, came to the conclusion that the Samiti has prima facie case in its favour. The trial Court also prima facie came to the conclusion that the defendant appellants have not produced any document showing the land in dispute to be public land of Meghwal Samaj.