SARPANCH, GRAM PANCHAYAT KORAMBI Vs. OMESH

JUDGEMENT

(1.) The applicants are the original defendants who are aggrieved by the order passed by the trial Court below Exhibit36 thereby rejecting the application seeking dismissal of the suit.

(2.) The nonapplicant is the original plaintiff who has filed suit seeking permanent injunction so as to restrain the defendant from disturbing his peaceful possession. In the plaint it is pleaded that he is in occupation of a portion of land admeasuring about 270 sq. ft. since the year 1983. According to him, on 2612013 the defendants issued a notice seeking to remove him from the suit plot. It is the case of the plaintiff that the disputed property vests in the Government and therefore he cannot be dispossessed without following due process of law. In that suit, the defendants filed the aforesaid application at exhibit36 in which it was stated that the jurisdiction of the Civil Court was barred in the matter of encroachment of public property and therefore the suit ought to be dismissed. This application was opposed and by the impugned order the said application came to be rejected. Being aggrieved said order is challenged in the present Civil Revision Application.

(3.) Shri P. S. Chawhan, learned Counsel for the applicants submitted that the plaintiff had no legal right to occupy the suit property and hence, the action under Section 53(2) of the Maharashtra Village Panchayats Act, 1959 (for short, the said Act) came to be issued. Placing reliance on the decision in Village Panchayat Antora vs. Wasudeo Ramchandraji Mohod and another, 2014 5 MhLJ 189, it was submitted that a suit of such nature is held to be barred and therefore, it was liable to be dismissed. It was further submitted that the plaintiff was free to pursue the remedies that were available under the said Act.