SBCWP No.8389/2008 Sarpanch Gram Panchayat Aahore Vs. Bhikamdas & Ors. 1 SBCWP No.8389/2008 Sarpanch Gram Panchayat Aahore Vs. Bhikamdas & Ors. DATE OF ORDER : - 7.1.2009 HON'BLE MR. PRAKASH TATIA, J. Mr.LR Choudhary, for the petitioner. Mr.Vivek Shrimali, for the respondents. <><><> Heard learned counsel for the parties. The petitioner is aggrieved against the order dated 23rd Sept., 2008 by which the trial court refused to summon the officers of the Gram Panchayat in a case where defendant is the Sarpanch of the Gram Panchayat on the ground that those officers could have been produced by the Sarpanch himself. Learned counsel for the petitioner submitted that the officers who are relevant witnesses have been appointed by the State Government and, therefore, it is necessary to summon them. I am not satisfied with the argument of learned SBCWP No.8389/2008 Sarpanch Gram Panchayat Aahore Vs. Bhikamdas & Ors. 2 counsel for the petitioner that Sarpanch by his own efforts with the help of the State Government cannot produce these witnesses. It is expected from the local bodies to cooperate with the court in deciding the suit expeditiously and when they can themselves produce the witnesses by their own efforts, they should not use the court machinery for summoning the witnesses. In the facts of the case, in case the party itself can produce the witnesses then it is expected that party should produce the witnesses. Therefore, so far as said part of the order of the trial court is concerned, I do not find any illegality in it. The trial court rejected the defendant's-petitioner's application for producing the copy of the order of the Addl. District Collector, Jalore dated 30th June, 2008 merely on the ground that the defendant has not shown how the document is relevant. The order is absolutely contrary to the facts of the case. The contention of the defendant- petitioner is that the Pattas of the plaintiff were cancelled by the order of the Addl. District Collector, Jalore vide order SBCWP No.8389/2008 Sarpanch Gram Panchayat Aahore Vs. Bhikamdas & Ors. 3 dated 30th June, 2008. For Pattas issue no.2 has already been framed. In view of the above, the order appears to be relevant, however, subject to cross-examination by the plaintiff for which the plaintiff will have full opportunity and to show that that order has not effected their right, title and interest. In view of the above, the writ petition of the petitioner is partly allowed. The order refusing taking on record the order of the Addl. District Collector, Jalore dated 30th June, 2008 is set aside. The said document is taken on record. (PRAKASH TATIA), J. c.p.goyal/-