Judgment:
Civil Revision No.6808 of 2012(O&M) 1 In the High Court of Punjab and Haryana at Chandigarh 223 Civil Revision No.6808 of 2012(O&M) Date of decision: 24.3.2014 Girraj Singh and others ......petitioners Versus Gram Panchayat, Narahawali and another .......Respondents CORAM: HON'BLE MRS.JUSTICE SABINA Present: Mr.Narinder Singh, Advocate for Mr.Hari Om Attri, Advocate, for the petitioneRs.Mr.Shiv Kumar, Advocate, for the respondents.
**** SABINA, J.
This petition has been filed challenging orders dated 15.10.2012 (Annexure P-1) and 7.11.2012 (Annexure P-2).whereby, application moved by the petitioners under Order 39 Rule 1 and 2 of the Code of Civil Procedure, 1908 was dismissed.
I have heard learned counsel for the partiess and have gone through the record available on the file carefully.
In the present case, petitioners have filed suit for permanent injunction that respondents be restrained from interfering in the peaceful possession of the plaintiffs over the suit land.
Along with the suit, an application for temporary injunction was filed.
Vide Devi Anita impugned order dated 15.10.2012, the said application was 2014.03.26 12:30 I am approving this document Chandigarh Civil Revision No.6808 of 2012(O&M) 2 dismissed by the trial Court and the said order was upheld in appeal vide impugned order dated 7.11.2012.
Hence, the present petition.
The Courts below, while dismissing the application filed by the petitioneRs.have held that admittedly, the suit land was Shamlat Deh Hasab Rashad Aaraji Bandobasti.
The land was being used for common purposes i.e.for throwing the Co.dung/ refuse.
Case of the respondent- gram panchayat is that now a community centre was being constructed at the spot.
There was no community centre in the village.
Thus, the community centre was being constructed for the welfare and use of the villageRs.The Block Development and Panchayat Officer had ordered the release of ` 10,00,000/- for the construction of the community centre under the D Plan scheme.
Since the land is being put to use by the gram panchayat for the welfare of the villagers by constructing the community centre, the Courts below rightly held that there was no prima facie case or balance of convenience in favour of the petitioneRs.No ground for interference by this Court is made out.
Dismissed.
(SABINA) JUDGE March 24, 2014 anita Devi Anita 2014.03.26 12:30 I am approving this document Chandigarh