Laxman Singh vs Gwalior Development Authority

Heard. The petitioner has filed this petition against a notice Annexure P/1.

As per the petitioner, he purchased a plot from Ganesh Grih Nirman Sahkari Sanstha, Gwalior vide registered sale-deed dated 27/12/2007. The plot was allotted to the Cooperative Society by the Gwalior Development Authority. There is a dispute in regard to ownership of the plot, hence, the petitioner filed a Civil Suit for declaration and permanent injunction, which is pending before learned 7th Civil Judge, Class-I, Gwalior. In the aforesaid suit, the defendant No.2 Smt. Manju Sharma also filed a counter claim. The petitioner also filed an application for permanent injunction in the aforesaid Civil Suit, that was rejected by the trial Court.

Earlier, a petition was filed by the petitioner before this Court against the order dated 25/3/2010 passed by 7th Civil Judge, Class I, Gwalior in Civil Suit No.3-A/2010 and also against the show cause notices dated 23/2/2009 and 15/3/2010. The aforesaid petition was dismissed by this Court with the following observations:

As per the petitioner, he purchased a plot by registered lease-deed dated 28.12.2007 from respondent No.2 and he constructed a house over the aforesaid plot in the year 2008. However, respondent No. 1 is trying to remove the construction treating it as an encroachment. For the aforesaid purpose notices have been issued to the petitioner on 23.02.2009 and 15.03.2010. The petitioner has also filed a civil suit before the trial Court for declaration and permanent injunction. He also filed an application for temporary injunction under Order 39 Rules 1 and 2 CPC. However, the trial Court has not granted temporary injunction in favour of the petitioner.

This Court has put a query to the learned counsel for petitioner-whether the petitioner has received any permission for construction of house? Learned counsel has fairly admitted that the petitioner has not received any permission for construction of the house. Apart from this, the learned counsel for respondent No. 3 has submitted that the plot in question was granted on lease by respondent No. 1 in favour of respondent No.3, hence the petitioner has no legal right over the suit land.

Looking to the aforesaid facts of the case, in our opinion, prima facie it appears that the petitioner has no legal right for encroachment over the suit land. A civil suit has already been filed by the petitioner, which is pending for adjudication. Looking to the aforesaid facts of the case, in our opinion, there is no merit in this petition.

Consequently, the petition of the petitioner is hereby dismissed. No order as to costs.

Thereafter, the present petition has been filed by the petitioner. In our opinion, this present petition filed by the petitioner is not maintainable and it can be categorized as vexatious litigation. Hence, the petition is dismissed with a cost of Rs.15,000/-(Rupees Fifteen Thousand Only) and the petitioner is directed to pay the said cost to the respondents within a period of two months.