Bombay High Court
Secretary, Gat Grampanchayat ... vs Mahatma Fule Kastrog Nivaran ... on 22 June, 2016
Bench: Z.A. Haq
1 wp492.16
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH : NAGPUR
WRIT PETITION NO.492/2016
Secretary,
Gat Grampanchayat,
Bidgaon, Tah. Kamptee,
Distt. Nagpur. ..Petitioner.
..VS..
Mahatma Fule Kastrog Nivaran Samiti,
through its Secretary,
Rajkumar Amrutrao Meshram,
aged 45 Yrs., Occu. Pvt. Work,
R/o Bidgaon, Tah. and Distt. Nagpur.
ig ..Respondent.
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Shri C.A. Anthony, Advocate for the respondent.
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CORAM : Z.A.HAQ, J.
DATED : 23.6.2016.
ORAL JUDGMENT
1. None appeared for the petitioner on 25 th January, 2016 when an order was
passed directing the issuance of notice to the respondent - original plaintiff. Today
again none appears for the petitioner - original defendant No.5. Heard Shri C.A.
Anthony, Advocate for the respondent - original plaintiff.
2. Rule. Rule made returnable forthwith.
3. The plaintiff has filed the civil suit praying for decree for declaration that it is in
possession of the property since 1975 and has acquired title by adverse possession.
The plaintiff has prayed for decree for permanent injunction to restrain the defendant
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from dispossessing the plaintiff from the suit property/Government land without due
course of law. The plaintiff has prayed for other reliefs. The petitioner (Secretary,
Gat Gram-panchayat, Bidgaon, Tah. Kamptee, Distt. Nagpur) is impleaded as
defendant No.5 in the civil suit.
The written statement on behalf of the defendant No.5 could not be filed
within stipulated time and it came to be filed after a period of about one year and,
therefore, the defendant No.5 filed an application seeking permission to file the
written statement on the record. The learned trial Judge has rejected the application
by the impugned order.
4. After examining the copy of plaint, I find that the claim of the plaintiff is
against the Gram-panchayat and not against the Secretary of Gat Gram-panchayat.
The dispute is in respect of the property which belongs to the Gram-panchayat or
State Government. In these circumstances, in my view, it would be appropriate that
the Gat Gram-panchayat represented through its Secretary be permitted to place the
written statement on the record. However, for the lapses on the part of the Secretary,
Gat Gram-panchayat who was in office at the relevant time shall pay costs of
Rs.2,000/- personally to the plaintiff. This amount of costs shall not be from the
funds of Gat Gram-panchayat.
In the above circumstances, the following order is passed:
(i) The impugned order is set aside.
(ii) The respondent - defendant No.5 is permitted to place on the record its written
statement.
(iii) The Secretary of Gat Gram-panchayat who was in office at the relevant time
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shall pay costs of Rs.2,000/- to the respondent - plaintiff within one month and
produce the receipt on the record.
(iv) Rule made absolute in the above terms.
JUDGE
Tambaskar.
