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Judgment
Heard, Learned counsel for the respective parties. There is a conflict between the litigating parties regarding factual status of the water pond (Gair
Mumkin Pokhar) situated at village Khadraya Post Bhesina, Tehsil Bhusawar, District Bharatpur, therefore, in order to have effective adjudication of
the matter we find it proper to bring on record the factual status of the said water pond on record.
Therefore, with the consent of learned counsel for both the parties Mr. Satish Khandal, Advocate (Mobile No.9413677300), who is present in court, is
appointed as Court Commissioner to inspect the site of above said water pond with the assistance of local Tehsildar along with local police after giving
notice of date & time of inspection of the site to the counsel appearing for both the sides and submit his report regarding actual status of the whole
area of the pond and the alleged encroachment, if any, as per revenue record.
Learned counsel for respondents No.1 to 4 is directed to inform the local authorities to provide full assistance to the Court Commissioner as needed.
Fee of Rs.25,000/- and expenses to be incurred by the Court Commissioner shall be borne by the petitioners herein.
The Court Commissioner shall file his report in sealed cover before the court by the next date positively.
List the matter on 30-3-2021.
Interim order, if any, to continue.
A copy of the order under the seal and signature of the Court Master be provided to learned AAG for further transmission and compliance.