ARUN BHANSALI,J. - (1.) This second appeal is directed against the judgment & decree dated 16.12.2014 passed by the Addl. District Judge, Bikaner, by which judgment & decree passed by the Addl. Civil Judge (Jr.Div.), Bikaner dated 14.08.2008 has been affirmed.
(2.) The appellant-plaintiff filed a suit for permanent injunction against the State and other respondents inter-alia with submissions that she is in possession of the property in question, which has been purchased by her through agreement dated 17.09.2001 from one Saddiq Khan, in whose favour Gram Panchayat has issued a Patta dated 05.04.1986. It was submitted that the defendants were seeking to dispossess the plaintiff without due process of law and that no compensation was being paid for the said purpose and therefore, they be restrained from dispossessing the plaintiff.
(3.) Written statement was filed contesting the submissions made in this regard. It was submitted that the plaintiff has no right in the property, the Gram Panchayat had no right to issue any patta of the land in question as the nature of the land is 'Johad Paytan' and that the land in question has been allotted in favour of Public Health and Engineering Department ('PHED') by the Colonization Department by order dated 20.04.2002 and the respondents were constructing a Filter Plant for supplying drinking water to the people of Bikaner. Further objection was raised that as the PHED has not been impleaded as party and the defendants No. 2 and 3 are only executing the work, the suit was not maintainable.;