CSA 374/2002 The Assistant Engineer, PWD and another Vs. Geeta Devi and another (1) In the High Court of Judicature for Rajasthan At Jaipur Bench, Jaipur J U D G M E N T In S.B. Civil Second Appeal No.374/2002 The Assistant Engineer, Public Works Deptt. & another Vs. Geeta Devi and another Date Of Judgment :: 10th August, 2009 P R E S E N T Hon'ble Mr. Justice J.R. Goyal Mr. Ganesh Meena, Govt. Counsel for appellant. None is present for respondents. ......... By the Court :- This is second appeal filed by defendant-appellants against the judgment and decree dated 25/4/2000 passed by District Judge, Dausa in Civil Regular Appeal No.33/1994 (07/94) whereby the judgment and decree dated 10/1/1994 passed by Munsif, Lalsot in Civil Suit No.120/1993 has been affirmed. 2. Briefly stated the facts of the case are that plaintiff, respondent herein, filed a suit for permanent injunction against the defendants, appellants herein, with the averments that the plaintiff was allotted one plot by Municipal Board, Lalsot on 20/4/1988 on her depositing the required charges and on 25/4/1988 permission was also accorded to her to raise CSA 374/2002 The Assistant Engineer, PWD and another Vs. Geeta Devi and another (2) construction over the disputed land. The defendants issued a notice dated 15/1/1990 under section 90-91 of the Land Revenue Act, reply of which had already filed by the plaintiff but the Assistant Engineer of the defendant-department did not pass any order and on 26/3/1990 the Assistant Engineer of the defendant-department came with labour to forcibly demolish the boundary of said disputed plot and threatened the plaintiff to demolish the said construction on 27/3/1990. Therefore, prayer was made to restrain the defendants by way of permanent injunction. 3. The defendants in their written statements denied the averments of the plaint and stated that the disputed land is in the ownership of the Public Works Department and the Municipal Board, Lalsot has no right to issue any 'patta' over the disputed land nor the Muncipal Board can grant permission to raise construction and the boundary wall of the disputed land has been constructed by the Public Works Department. It was also pleaded that disputed land is in Khasra no.1506 which is in the khatedari of the Public Works Department and therefore the disputed land being agricultural one the civil court has no jurisdiction to entertain such suit. 4. Issues were framed. Evidence was recorded. CSA 374/2002 The Assistant Engineer, PWD and another Vs. Geeta Devi and another (3) The trial court after hearing the parties decreed the suit of the plaintiff and the appeal filed by the defendant-appellants was also dismissed by the first appellate court. Hence, this second appeal. 5. None is present for the respondents. Heard learned Government Counsel for the appellants and perused the judgments of the courts below and other material placed during the course of arguments. 6. It was inter alia contended that Public Works Department is the owner of the disputed land, therefore, plaintiff-respondent had no right to raise any construction over the disputed land. It was also submitted that the disputed land is agricultural land and civil court has no jurisdiction to entertain the suit. 7. I have considered the above submissions. The trial court and the first appellate court have arrived at concurrent finding of fact that appellant-defendants have utterly failed to prove that disputed land belongs to Public Works Department and on the contrary the plaintiff succeeded in proving that 'patta' and permission for construction have been given to her by the Municipal Board, Lalsot. In this situation, I do not find any perversity or illegality in the impugned judgments. No CSA 374/2002 The Assistant Engineer, PWD and another Vs. Geeta Devi and another (4) substantial question of law arises in this second appeal. Therefore this appeal is liable to be dismissed at the admission stage. 8. Consequently, this second appeal along with stay application is dismissed at the admission stage. (J.R. Goyal),J VS Shekhawat/- Jr. P.A. D30