VINIT KUMAR MATHUR,J. - (1.) The present writ petition has been filed against the order dated 08.11.2016 whereby the application under Order 1, Rule 10 CPC has been rejected.
(2.) Briefly stated the facts of the case giving rise to the present petition are that the father-in-law of the petitioner Mr. Pannalal surrendered total land of Khasara No.81 and some land of Khasra No.82 in village Hawala, District Rajsamand to the State Government for utilizing the same for public purpose i.e. constructing the public road.
(3.) The fact of surrendering the above piece of land is admitted in view of the order passed by Tehsildar Rajsamand on 30.06.2005/01.07.2005 and, therefore, the consequential mutation entries made in the revenue record. In the vicinity of the subject piece of land, house of the present petitioner is located and in front of the same the dwelling house of the respondent No.2 Ramesh Chandra is located. On the piece of land occupied by respondent No.2 certain constructions were already in existence prior to the surrendering the land in 2005 by the fatherin- law of the petitioner. On a complaint being made by the petitioner with respect to certain encroachments being made by respondent No.2, the proceedings with respect to the removal of those alleged encroachments was undertaken by the Nagar Palika Rajsamand.;