CSA 225/07 //1// In the High Court of Judicature for Rajasthan Jaipur Bench ** Civil 2nd Appeal No.225/2007 Ram Kishan Dhakar Versus Vikas Adhikari Panchayat Samiti Sultanpur & Anr Date of Order ::: 21/01/08 Hon'ble Mr. Justice Ajay Rastogi Mr. Bharat Saini, for appellant (plaintiff) Mr. P.S.Sharma, for respondent (defendant) Instant second appeal has been filed by plaintiff assailing judgment & decree dt. 10/01/07 whereby Addl. District Judge No.3, Kota allowed Civ.Reg.App.-6/04 and quashed judgment & decree dt.16/02/01 passed by Civil Judge (Jr.Dn) Digod (Kota) who allowed civil suit No.297/96. Plaintiff (appellant) filed suit for permanent injunction inter-alia averring that suit land measuring 20x24 ft. was purchased for sale consideration of Rs.3840/- deposited in Gram Panchayat Budhadheet on 09/09/1986; as such notice impugned issued to him holding him to be encroacher over suit land was without authority. It appears from the record and so also judgments & decree dt.16/02/01 of learned trial Judge that plaintiff impleaded Gram Panchayat as party respondent while in fact allotment was cancelled by Panchayat Samiti Sultanpur – against CSA 225/07 //2// which revision petition was filed before Additional Collector, Kota, who affirmed the cancellation and dismissed revision petition to which plaintiff alongwith Panchayat Samiti who initially took decision cancelling allotment of suit land was also party to the revision petition as is evident from judgment dt.13/11/91. There is sufficient material having come before first appellate court and the judgment of Additional Collector could not have been disputed in regard to cancellation and the revision duly disposed of by Additional Collector, Kota. In view whereof, there was no valid allotment available with plaintiff; as such first appellate court while upholding cancellation, has rightly set aside decree particularly when it was ex-parte against Panchayat Samiti. This Court has heard learned counsel for the parties and with their assistance, perused the impugned judgments passed by courts below. The finding recorded by appellate court is duly supported by cogent material on record after due appreciation of facts and law. No substantial questions of law arise in this second appeal, which may warrant interference. Consequently, the appeal fails and is hereby dismissed. (Ajay Rastogi), J. K.Khatri/p.2/225CSA07.doc.