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2004 DIGILAW 24 (RAJ)

Executive Officer, Municipal Board, Bahror v. Jagmal Singh

2004-01-07

K.C.SHARMA, S.K.KESHOTE

body2004
JUDGMENT 1. - Heard learned counsel for the parties and perused the order of the learned Single Judge impugned in this appeal. 2. The learned Single Judge decided S.B. Civil Revision Petition No. 852/1995 vide its order dated 7.8.1996, the operative part thereof is relevant for the decision of this special appeal which reads as under: "Prima facie, I am of the view that the obstruction has been caused on account of the continuous blockade of the water in a public thoroughfare. The said obstruction should be removed immediately in the larger interest of the residents of the village, who are frequently using that passage daily, since the residents of the said village are affected. The Tehsildar, Behror, Distt. Alwar is directed to go to the spot and make an inspection of the same in presence of both the parties to the suit. He is further directed to find out the possibility of out-let for the release of stagnated water, which is blocked at site by constructing a 'pakka nali' by affixing under ground pipes. The municipal board/civic authority of Behror Distt. Alwar is directed to provide necessary assistance & funds for the construction of aforesaid 'pakka nali', which will serve as an outlet for the release of water. The said task shall be completed expeditiously in vim of the fad that it is a rainy i season. The directions of this Court should be complied within 8 weeks from today. The property of the parties to the suit shall not be affected or damaged in any manner. In the result, the impugned order dated 8.5.1996, passed by the trial court is modified accordingly. The revision petition is allowed and disposed of with the above directions. The trial court is directed to get the said work done from the concerned local authorities within the time stipulated by this court. Registry is directed to send a copy of this order to the trial court immediately for compliance." 3. It is not in dispute that the appellants were not party to the S.B. Civil Revision Petition No 852/1906. 4. The appellant preferred S.B. Civil Misc. Application No. 183/1996 against the order dated 7.8.1996 passed in S.B. Civil Revision Petition No. 852/1996. In that application the appellant prayed that the court may be is pleased to delete the name of the applicant, Municipal Board. 4. The appellant preferred S.B. Civil Misc. Application No. 183/1996 against the order dated 7.8.1996 passed in S.B. Civil Revision Petition No. 852/1996. In that application the appellant prayed that the court may be is pleased to delete the name of the applicant, Municipal Board. Behror from the order and Gram Panchayat, Kolila, Panchayat Samiti Nimrana, District Alwar and/or civic authorities of that area may be directed to do the needful and comply with the orders passed by the Court on 7th of August, 1996. Under the impugned order this application is rejected. The learned Single Judge rejected this application on the ground that the appellant has made a deliberate attempt to circumvent the aforesaid order passed by the Court, to avoid to comply with the same on one pretext or the other on flimsy grounds. The learned Single Judge took a serious view of the matter and treated the same as a contempt of the aforesaid order. The appellant was present in the court and he was directed to positively comply with the directions contained in the order dated 7.8.1996 passed in the revision petition, within a period of fifteen days from the date of the order. The compliance report was directed to be submitted at least two days in advance bet ire the next date. The appellant was directed to remain present personally on he next date. 5. We find from the record of the case that there was dispute between two private parties regarding discharge of the stagnated water. The area within which the houses of the private parties are situated or more particularly the area where this 'pucca naali' has been put, does not lie within the municipal limits of Behror District /War. The learned counsel for the paries are in agreement that the area in dispute fail within the area in the jurisdiction of Gram Panchayat, Kolila, Panchayat Samiti Nimrana, District Alwar. In view of this admitted position, otherwise also leaving apart that the order dated 7.8.1996 has been passed without notice and opportunity of an hearing to the appellant, no such direction could have been given to the appellant. 6. As a result of the aforesaid discussion, this appeal succeeds and the same is allowed. The order dated 17.1.1997 of the learned Single Judge in S.B. Civil Misc. Application No. 183/1996 is quashed and set aside. 7. 6. As a result of the aforesaid discussion, this appeal succeeds and the same is allowed. The order dated 17.1.1997 of the learned Single Judge in S.B. Civil Misc. Application No. 183/1996 is quashed and set aside. 7. However, this order will not come in the way of the respondents, if they so desire, to apply for modification of the order dated 7.8.1996 of the learned Single Judge in S.B. Civil Revision Petition No. 852/1996 to implead therein the place of the appellant the concerned Gram Panchayat.There shall be no order as to costs. Appeal Disposed of as Above. *******