Rajasthan High Court - Jodhpur
Principle Govt.Bangar vs Chairman Muncipality Deedwana And Ors. ... on 13 November, 2025
Author: Kuldeep Mathur
Bench: Kuldeep Mathur
[2025:RJ-JD:48831]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Civil Second Appeal No. 340/2012
Principle Govt. Bangar, Mahavidyalaya, Deedwana
----Appellant
Versus
1. Chairman, Municipality, Deedwana
2. Executive Officer, Municipality, Deedwana.
3. Dhanna Ram S/o Bhagu Ram, R/o Sindhi Bas, Deedwana,
District Nagaur.
----Respondent
For Appellant(s) : None Present
For Respondent(s) : Mr. Rajesh Parihar
HON'BLE MR. JUSTICE KULDEEP MATHUR
Order
13/11/2025
1. The present second appeal under Section 100 of the C.P.C.
has been filed by the appellant challenging the judgment and
decree dated 01.02.2012 passed by the learned Additional District
Judge, Deedwana in Civil First Appeal No. 05/2008, whereby the
judgment and decree dated 19.02.2008 passed by the learned
Civil Judge (J.D.) has been affirmed.
2. In the present second appeal filed on behalf of the Principal,
Government Bangar Mahavidyalaya, Deedwana, it is stated that
land admeasuring 33 bigha and 03 biswa of Khasra Nos. 1279,
1280, 1281, 1282 and 1295 is in possession of the college.
However, the defendant-Municipality, Deedwana has started
construction of a nala (drainage) without any authority of law by
encroaching upon the college land. The plaintiff, in these
circumstances, filed a suit seeking a restraint against the
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[2025:RJ-JD:48831] (2 of 3) [CSA-340/2012]
construction of the said nala (drainage) on the land belonging to
the college. In the written statement filed on behalf of the
defendant-Municipality, it was stated that the disputed land is
recorded as gair-mumkin rasta in the revenue records. The nala
(drainage) is being constructed by the Municipality in larger public
interest. The plaintiff is, therefore, not entitled to any relief as
prayed for.
3. Shri Rajesh Parihar, learned counsel appearing for the
Municipality, submitted that during the pendency of the present
second appeal, the construction of the nala (drainage) has already
been completed. He further submitted that the learned trial Court
had framed as many as seven issues and decided Issue Nos. 1 and
2, being the fundamental issues pertaining to the construction of
the nala (drainage) against the plaintiff. The learned trial Court
held that the land over which the nala (drainage) is being
constructed is recorded as gairmumkin rasta in the revenue
records. Further, since no alternative land is available for
construction of such nala (drainage), the work being undertaken
by the defendant-Municipality in larger public interest should not
be stopped. Having recorded such findings, the learned trial Court
rejected the plaintiff's suit for injunction.
4. The appeal preferred by the plaintiff has also been dismissed
by the learned appellate Court, affirming the findings of fact
recorded by the learned trial Court. The learned appellate Court,
after thoroughly considering the evidence available on record, has
held that the findings of fact recorded by the learned trial Court
are correct.
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[2025:RJ-JD:48831] (3 of 3) [CSA-340/2012]
5. Having considered the submissions made by the learned
counsel for the defendant-Municipality and upon perusal of the
impugned judgments, this Court does not find any perversity in
the findings of fact as recorded by the Courts below. No question
of law, much less any substantial question of law, is involved in
the present second appeal which require adjudication by this
Court.
6. Consequently, the present second appeal is dismissed.
(KULDEEP MATHUR),J
11-himanshu/-
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