JAINENDRA KUMAR RANKA,J. - (1.) This second appeal has been filed against judgment & decree dt 30.5.2012 passed by Additional District Judge, Khetri, in Appeal No.7/2011 filed by the appellants, by which the judgment & decree dt 18.3.2011 passed by Civil Judge (Jr. Div.), Khetri, District Jhunjhunu, has been affirmed.
(2.) Facts of the case in brief are that a suit for permanent injunction against the appellants was filed by the respondent/plaintiffs for restraining the appellant/defendants from demolition of their shops pursuant to order dt 13.1.2006, with the averments that they have purchased by registered sale-deeds constructed house and shops, which are 20 years old, on land in khasra no.223 situated in village Banwas, and are in possession of the same. The shops in question were constructed 10 feet away from the road connecting Singhana - Narnaul. It was further averred that on account of political rivalry, the local MLA got notice u/s 91 of the Land Revenue Act served on the respondents alleging therein that the respondents have encroached upon 5-8 feet wide land in front of their shops and, therefore, the State Government has powers to dispossess them from the land. 2.1 In response to the notice served on the respondents, the respondents appeared before appellant no.2 and submitted their reply along with relevant documents. It is alleged that appellant no.2 under political pressure, got issued order dt 13.1.2006 to demolish about 4-8 feet of the constructed shops of respondents. It is further alleged in the plaint that after 17.11.2005, appellant no.2 neither drew any order-sheet in the proceedings in presence of the respondents, nor the order for dispossession of the respondents was pronounced before them, and they came to know about the aforesaid order from newspaper. Therefore, the suit for permanent injunction against the appellants was filed.
(3.) In their written statement the appellants denied most the averments of the plaint and averred that respondents have encroached upon government land creating obstructions on the land of State Highway due to which on account of increase in vehicular traffic, there are possibilities of any mis-happening and the respondents have no right to possess the land in question, therefore, the State government having authority to remove unauthorised encroachments in accordance with law, the order dt 13.1.2006 has been issued and that there is no pressure of the local MLA in the matter and the respondents had already been served with notice u/s 91 of the Land Revenue Act in accordance with law and the order has been passed after the respondents were given full opportunity of hearing and taking into consideration all the documents submitted by them. It was also averred by the appellants that an appeal against the order of removal of encroachments dt 13.1.2006 has already been filed by the respondents which is pending. The appellants had also raised the issue of maintainability of the suit and concealment of fact by the respondents.;