Saneef Khan S/o Late Shri Sabbu Khan v. Additional District Collector, Jhunjhunu
2017-03-21
ALOK SHARMA
body2017
DigiLaw.ai
ORDER : Alok Sharma, J. 1. In the course of the hearing of the petition, it has transpired that the petitioner has been dispossessed from the part of land which he claims to be in his ownership based on a patta claimed by him to have been issued by the Gram Panchayat Tain, Panchayat Samiti Alsisar, District Jhunjhunu. 2. In this view of the matter, counsel for the petitioner prays that this petition be disposed of with liberty to the petitioner to file a suit for possession and damages for wrongful dispossession. He also prays for directions to the jurisdictional trial court to dispose of the said suit on its filing within a period of 12 months of service on the defendants in the suit. 3. Mr. Aniroodh Mathur with Mr. Krishnaveer Singh on behalf of Mr. Anurag Sharma, AAG for respondent no. 2 and Mr. Z.A. Naqvi, Senior Advocate with Mr. Sehban Naqvi for respondent no. 4 and 5 submitted that the patta purportedly issued to the petitioner is a fake document. 4. Be as it may, I would be inclined in the facts of the case which entail adjudication of disputed questions of fact, to dispose of this petition with liberty to the petitioner to file a suit for possession as also for damages for wrongful dispossession from part of the land allot to him under a patta issued by the Gram Panchayat Tain, Panchayat Samiti Alsisar, District Jhunjhunu. The petitioner would be free to also seek interim protection under Order 39, Rule 1 and 2 CPC. It is further directed in the event of the suit being filed, it will be disposed of within the period of 12 months from the date of service on the opposite party. To effectuate this order adjournments not be granted without just cause and when so are, for good reason recorded in writing not be for period more than three working days of each occasion. The trial court is also directed to adhere to the directions of the Apex Court in the case of M/s. Shiv Cotex vs. Trigum Auto Plat Pvt. Ltd. and Others, 2011 AIR SCW 5789 on the issue of adjournments. Misc. applications filed in the course of a suit be disposed of by the trial court within a period of one week. 5.
Misc. applications filed in the course of a suit be disposed of by the trial court within a period of one week. 5. The directions aforesaid for expedited disposal not be construed as reflection on the merits of the suit and the application for interim relief under Order 39, Rule 1 and 2 CPC. They all be addressed in accordance with law. 6. The petition shall disposed of accordingly.