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Judgment
Joymalya Bagchi, J
Appellant has assailed judgment and order dated 17.05.2023 whereby the Hon’ble Single Judge held whether installation of the new tube well would amount to encroachment on private land of the appellant requires to be decided in a civil suit.
Factual matrix of the case shows when appellant had purchased the property from the erstwhile owner, a tube well was standing on the property. But it was not functioning. Appellant complains in place of the tube well, a solar pumping system has been set up by the Panchayat authorities by encroaching on his land.
It is admitted a tube well was already in existence at the spot. Panchayat authorities have renovated the tube well into a solar pumping system. Whether such activity encroached on the private rights of the appellant is a disputed question of fact which requires to be adjudicated in a civil suit.
We find no reason to interfere with the impugned judgment and order.
Accordingly, appeal is dismissed.
Consequently, connected application is also dismissed.
There shall be no order as to costs.
Photostat certified copy of this judgment, if applied for, be given to the parties on compliance of all formalities.