- (1.) The instant special appeal has been filed under Rule 134 of the Rajasthan High Court Rules by appellant- Panchayat Samiti- Dungarpur, through Vikas Adhikari, against the order/judgment dated 02.05.2017 passed by learned Single Judge in S.B.C.W.P. No.7554/2015, by which the learned Single Judge dismissed the writ petition filed by Panchayat Samiti, Dungarpur, filed against the order dated 13.05.2015 passed by District Collector, Dungarpur, by which the learned District Collector held that the land in question falls within the municipal area, therefore, Panchayat Samiti is not having any title or ownership over the land in question.
(2.) As per facts of the case, appellant Panchayat Samiti- Dungarpur, while claiming title over the disputed land preferred a suit for permanent injunction against the respondent Municipal Board, Dungarpur, and sought injunction in terms that respondent Municipal Board shall not interfere with the use and occupation of the Panchayat Samiti over the dispute land. The learned Civil Judge (Jr. Division), Dungarpur (Trial Court) after holding trial arrived at the finding that Panchayat Samiti Dungarpur has no title over the disputed land and dismissed the suit (Suit No.46/1996) filed by Panchayat Samiti- Dungarpur vide judgment and decree dated 10.04.2000.
(3.) Against the judgment aforesaid, appellant-Panchayat Samiti, Dungarpur, preferred first appeal in the court of District Judge, Dungarpur, but the same was also dismissed vide judgment dated 13.09.2006. Thereafter a second appeal was preferred before this Court being SBCSA No.476/2006, in which the learned Single Judge allowed the second appeal and quashed the decree passed by the first appellate court affirming the judgment and decree passed by the trial court and remitted the case to the District Collector, Dungarpur under section 323 of the Act of 2009 with certain directions vide judgment dated 01.02.2010 passed in CSA No.476/2006.;