- (1.) The appellants-plaintiffs have filed this second appeal under Section 100 of C.P.C. against the judgment and decree dated 21.2.2011 passed by Addl. Civil Judge, (Senior Division), Kota, in Civil Suit No. 2/2004, whereby the learned Magistrate had dismissed the suit, and against the judgment and decree dated 31.7.2013 passed by the Addl. District Judge No.5, Kota in Civil Regular Appeal No. 46/2011, whereby the learned Judge has dismissed the first appeal.
(2.) The brief facts of the case are that the plaintiff Mohan lal and others had filed a civil suit, wherein they had claimed that for the last 60 years they have been residents of Nai Basti, Sogaria, Kota. Presently the said basti is known as Tullapura situated at Bheemganj Mandi, Kota. They further submitted that they are members of Scheduled Castes and belong to a backward community of the society. According to them, by Notification dated 15.8.1998, the State Government had declared that it has taken a decision to regularize basti belonging to Schedule Caste persons, wherever it may be situated. Although, in June, 1999, the other bastis were surveyed, but Tullapura kachchi basti was not surveyed by the defendant No.1, namely the Municipal Corporation, Kota. Since, the said basti was not surveyed, even the title deeds have not been issued to them. Therefore, on 4.7.1999, the plaintiffs had submitted a representation to the Urban Development Minister. However, despite their representation on 23.9.1999, the defendants No. 2 to 5, namely the Railway Officers, entered their kachchi basti and tried to dispossess the plaintiffs from their homes. However, according to the plaintiffs, the Railways does not have any right over the said land. According to them, even as far back as 1961-62, the Railways tried to dispossess the people from the said area. But a writ petition had been filed by 38 persons before this Court. According to a decision given by this Court, the Railways was prohibited from dispossessing persons from the said basti. Subsequently, the Railways had also tried to acquire the land. Further the entire acquisition was declared as illegal by a Division Bench of this Court. Therefore, by using the power in a most arbitrary and capricious manner, the Railways is trying to dispossess the plaintiffs from their homes. Hence, the civil suit for declaration and permanent injunction.
(3.) The defendants No. 2 to 5 filed their written statement; they claimed that the Khasra No. 234 belongs to the Railways and has entered in their name. According to the defendants, the plaintiffs had recently illegally occupied the land, and they are nothing but encroachers upon the land belonging to the Railways. Moreover, the declaration made by the State Government is not applicable on the Railways and especially on the land belonging to the Railways. Since, the plaintiffs are encroachers, the Railways is justified in trying to remove them from the land belonging to it.;