SBCWP No.4901/2007 Gaje Singh Vs. State of Raj. & Ors. 1 SBCWP No.4901/2007 Gaje Singh Vs. State of Raj. & Ors. DATE OF ORDER : - 27.3.2009 HON'BLE MR. PRAKASH TATIA, J. Mr. MC Bhoot, for the petitioner. Mr. RK Thanvi, for the respondent. Mr. KK Bissa, Addl. Advocate Counsel <><><> Heard learned counsel for the parties. Learned counsel for the parties relied upon the documents Ex.3 and 4 and fairly stated that recommendation for constructing the road is for agricultural land of Khasra nos.268, 267, 260, 262 and 263. Learned counsel for the respondent stated that the respondent has no objection if road is constructed only through the land of above Khasra numbers, but in fact, under the garb of these orders the road is being sought to be constructed/constructed in Khasra No.307, which land belongs to respondent-plaintiff. Learned counsel Shri MC Bhoot appearing for the defendant-petitioner very specifically stated that the petitioner's case is not for road over Khasra no.307. If it is so, then it appears that both the courts below SBCWP No.4901/2007 Gaje Singh Vs. State of Raj. & Ors. 2 proceeded on wrong assumption by assuming the wrong facts because of the reason that according to the respondent-plaintiff he is claiming relief of injunction only for the Khasra no.307 and for that the defendants have not raised any claim, which is apparent from the Ex.3 and 4 placed before this Court on record and relied upon by learned counsel for the parties. In view of the above reasons, the writ petition of petitioner is allowed and both the orders passed by the courts below dated 4.8.2007 and 10.1.2007 are set aside and it is ordered that the defendant shall not use any part of the land of Khasra no.307 for way and shall not interfere in the possession of the plaintiff-respondents over any part of the land of Khasra no.307. Since the contention of the petitioner is that the road will be only from part of Khara nos.268, 267, 262, 263 and 260, therefore, that road if can be constructed may be constructed and may be used for that purpose only from part of the land referred above of Khara nos. 268, 267, 262, 263 and 260. (PRAKASH TATIA), J. c.p.goyal/-