1/2 S.B.CIVIL WRIT PETITION NO.5221/2009 (Surendra Kumar vs. State & Ors.) DATE OF ORDER : 22/5/2009 HON'BLE DR.JUSTICE VINEET KOTHARI Mr.Rakesh Matoria, for the petitioner. This petition is directed against the concurrent orders of two courts below, whereby, the application for temporary injunction under Order 39 Rule 1 and 2 CPC was rejected by the courts below on the ground that the land in question was `Guwad' a public land and, therefore, same cannot be allotted to the plaintiff. Even according to the plaintiff, land in question was allotted to his brother and not to himself but under the family settlement he got the right over the land in question and raised his constructions. Learned counsel for the plaintiff-petitioner submits that on account of change of entry from `Kita' to `Guwad' by the Gram Panchayat due to political rivalry, the record was changed and patta issued in favour of brother of plaintiff was not considered by the courts below while rejecting the temporary injunction application. From the perusal of impugned orders, it appears that courts below have considered all the contentions of the plaintiff and have come to the conclusion that prima facie the land in question is a 2/2 `Guwad' land – a public land and therefore, there is no question any right in favour of plaintiff or his brother over the said land and the plaintiff was clearly an encroachee over the said land and was not entitled to any temporary injunction. Having considered the submissions made at the bar and perusal of the impugned orders, this Court is satisfied that the courts below have not committed any error in rejecting the application for temporary injunction. The writ petition is found to be devoid of merit and same is accordingly dismissed. (DR.VINEET KOTHARI), J. item no.22 baweja/-