Gujarat High Court
Patel Bhavikkumar Praveenbhai vs Harmanbhai Maganbhai Bhoi on 21 October, 2024
Author: Sunita Agarwal
Bench: Sunita Agarwal
NEUTRAL CITATION
C/LPA/1558/2024 ORDER DATED: 21/10/2024
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/LETTERS PATENT APPEAL NO. 1558 of 2024
In R/SPECIAL CIVIL APPLICATION NO. 14772 of 2017
With
CIVIL APPLICATION (FOR STAY) NO. 1 of 2024
In R/LETTERS PATENT APPEAL NO. 1558 of 2024
With
CIVIL APPLICATION (FOR ADDITIONAL EVIDENCE) NO. 2 of 2024
In R/LETTERS PATENT APPEAL NO. 1558 of 2024
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PATEL BHAVIKKUMAR PRAVEENBHAI & ORS.
Versus
HARMANBHAI MAGANBHAI BHOI & ORS.
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Appearance:
MR.ANSHIN H. DESAI, SENIOR ADVOCATE WITH MR.BHASH H
MANKAD(6258) for the Appellant(s) No. 1,2,3
MS.HETAL PATEL, AGP for the Respondent(s) No. 10,11,12
MR JV JAPEE(358) for the Respondent(s) No. 1,2,3,4,5,6,7,8,9
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CORAM:HONOURABLE THE CHIEF JUSTICE MRS. JUSTICE
SUNITA AGARWAL
and
HONOURABLE MR. JUSTICE PRANAV TRIVEDI
Date : 21/10/2024
ORAL ORDER
(PER : HONOURABLE THE CHIEF JUSTICE MRS. JUSTICE SUNITA AGARWAL) [1] Heard learned counsels for the parties and perused the record.
[2] The writ petition is directed against the order dated 10.12.2015 passed in Case No.5 of 2015 by the Mamlatdar under the Mamlatdars' Courts Act, 1906 (hereinafter referred to Page 1 of 19 Uploaded by DHARMENDRA KUMAR(HC01071) on Wed Oct 30 2024 Downloaded on : Sat Nov 02 22:35:55 IST 2024 NEUTRAL CITATION C/LPA/1558/2024 ORDER DATED: 21/10/2024 undefined as "the Act, 1906") as also the order dated 12.04.2016 passed by the Deputy Collector, Anand in Appeal No.1 of 2016. [3] The dispute in the writ petition is about alleged right of way in the East-West direction form the agricultural lands bearing Survey No.159/1 belonging to the petitioners. The challenge in the writ petition to the order of the Mamlatdar is on the ground that the Mamlatdar has relied on the documentary evidences such as affidavits filed by the original plaintiffs / respondents herein, a village map and a panchnama dated 09.10.2015, however, none of these documents are sufficient to record a finding of providing right of way to the respondents / original plaintiffs, in the East-West direction from the lands of the petitioners, namely, Survey No.159/1. From a copy of the map appended at page '155' of the paper-book, filed along with the affidavit dated 01.11.2018 of the Mamlatdar, District - Anand, it is sought to be submitted that there is a categorical statement of the Mamlatdar in the map at Item No.5 that the way for an area of 258 meters x 4 meters running in the North-South direction lie at one side of Survey No.159/1, which Page 2 of 19 Uploaded by DHARMENDRA KUMAR(HC01071) on Wed Oct 30 2024 Downloaded on : Sat Nov 02 22:35:55 IST 2024 NEUTRAL CITATION C/LPA/1558/2024 ORDER DATED: 21/10/2024 undefined is clear from the revenue record. A perusal of the map further indicates that the Plot No.159 has been divided into two parts comprising of Survey No.159/1 and Survey No.159/2 lying on North-South direction. The Survey No.159/1 belongs to the appellants herein and Survey No.159/2 belongs to one Jyotsnaben Bhoi. So far as the respondents herein, namely, the original plaintiffs are concerned, they are the owners of Survey No.158, which is divided in four parts, namely, 158/1 to 158/4. The grievance of the plaintiffs before the Mamlatdar was that there was no other way or road to approach their plots lying at the eastern side of Survey No.159/1 and there existed only one way in the East-West direction to access to their plots, namely, Survey No.158/4 onwards, abutting the road lying on the North- South direction as indicated in the map submitted by the Mamlatdar at page '155' of the paper-book. [4] We may find it relevant to note that at one point of time, a dispute arose with regard to access to the road lying in the North-South direction and the proceedings before the Mamlatdar under the Act, 1906 which had been undertaken, Page 3 of 19 Uploaded by DHARMENDRA KUMAR(HC01071) on Wed Oct 30 2024 Downloaded on : Sat Nov 02 22:35:55 IST 2024 NEUTRAL CITATION C/LPA/1558/2024 ORDER DATED: 21/10/2024 undefined has been brought to its logical end and as on date, in the present petition, there is no dispute about the said road indicated in the map in North-South direction at page '155' of the paper-book.
[5] The dispute in the present petition is about the claim of the original plaintiffs of their right of way by a road in the East- West direction from the southern side of Survey No.159/1, which belongs to the petitioners.
[6] The contention of the original plaintiffs in the affidavit at page '107' of the paper-book placed before us in the present petition is that, on 04.08.2015, the suit way, i.e., the way-in- question had been completely blocked by the appellants herein by putting the gate blocking the way on 04.08.2015. The application under Section 5 of the Act, 1906 was, therefore, filed on 04.08.2015, itself. It is further stated in the additional affidavit filed on 14.03.2018 in the writ petition before the learned Single Judge that the petitioners, namely, the appellants herein had carried out foundation work to raise construction Page 4 of 19 Uploaded by DHARMENDRA KUMAR(HC01071) on Wed Oct 30 2024 Downloaded on : Sat Nov 02 22:35:55 IST 2024 NEUTRAL CITATION C/LPA/1558/2024 ORDER DATED: 21/10/2024 undefined blocking the suit way and also gave an application on 23.11.2015 before the Mamlatdar. It is stated that the obstructions were created by the petitioners / original defendants in different stages from time to time and the entire period fall within six months of the limitation provided under Section 5 of the Act, 1906.
[7] Learned senior counsel for the petitioners placing the material on record would submit that the Mamlatdar while passing the order impugned dated 10.12.2015 had considered only three documents, namely, the village map, which according to the petitioners, does not show the existence of any road in the East-West direction on the southern side of Survey No.159/1 belonging to the petitioners. The learned senior counsel would further invite attention of the Court to the certified copy of the village map placed before us to substantiate this argument. [8] The second document considered by the Mamlatdar is the panchnama dated 09.10.2015, copy whereof has been filed by the petitioners in the present appeal by way of an affidavit dated 03.10.2015. It is submitted before us by the learned senior Page 5 of 19 Uploaded by DHARMENDRA KUMAR(HC01071) on Wed Oct 30 2024 Downloaded on : Sat Nov 02 22:35:55 IST 2024 NEUTRAL CITATION C/LPA/1558/2024 ORDER DATED: 21/10/2024 undefined counsel that the copy of the said panchnama had not been brought on the record of the writ petition and the document appended at page '11' of the Civil Application No.2 of 2024 filed in the instant appeal along with affidavit dated 03.10.2024 indicates that the said document had been prepared in the presence of two witnesses whose names and signatures can be found therein. It, however, does not contain any statement to the effect that the said panchnama was drawn and prepared under the direction of the Mamlatdar and the intimation of the date of inspection, i.e., 09.10.2015 was given to the parties, or even about the absence of the petitioners / defendants at the time of preparation of the panchnama. There is nothing on record nor anything has been brought before us by the learned counsel for the respondents that the panchnama dated 09.10.2015 was prepared in the presence of the parties under the order passed by the Mamlatdar in Mamlatdar Case No.5 of 2015 which was registered on the application filed by the plaintiffs dated 04.08.2015. Moreover, nothing transpires from the panchnama about the existence of the alleged way in the East-West direction as claimed by the original plaintiffs. Page 6 of 19 Uploaded by DHARMENDRA KUMAR(HC01071) on Wed Oct 30 2024 Downloaded on : Sat Nov 02 22:35:55 IST 2024
NEUTRAL CITATION C/LPA/1558/2024 ORDER DATED: 21/10/2024 undefined [9] The third document which is considered by the Mamlatdar is the affidavits filed by the original plaintiffs. A perusal of the findings returned by the Mamlatdar in the order impugned dated 10.12.2015 indicates that a conclusion was drawn by the Mamlatdar about granting the right of way to the plaintiffs merely referring to the documents, without returning any categorical finding from the material on record as to the existence of the way in East-West direction; the obstruction made by the original defendants, if any, nor there is no discussion on the evidence placed before the Mamlatdar. The findings returned by the Mamlatdar do not convey the expression of mind by the Mamlatdar on the material before it. [10] Taking note of the above, we may take note of the provisions of Act, 1906, which confers powers on the Mamlatdar within the territorial limits of its jurisdiction. Section 5(1) reads as under:-
"5. Powers of Mamlatdars Courts.
(1) Every Mamlatdar shall preside over a Court, which shall be called a Mamlatdar's Court, and which shall, subject to the provisions of Sections 6 and 26, have power, within such territorial limits as may from time to time be [fixed by the State Government,-Page 7 of 19 Uploaded by DHARMENDRA KUMAR(HC01071) on Wed Oct 30 2024 Downloaded on : Sat Nov 02 22:35:55 IST 2024
NEUTRAL CITATION C/LPA/1558/2024 ORDER DATED: 21/10/2024 undefined
(a) to remove or cause to be removed any impediment, erected otherwise than under due authority of law, to the natural flow in a defined channel or otherwise of any surface water naturally rising in or falling on any land used for agriculture, grazing, trees or crops, on to any adjacent land, where such impediment causes or is likely to cause damage to the land used for such purpose or to any such grazing trees or crops thereon;]
(b) to give immediate possession of any lands or premises used for agriculture or grazing, or trees or crops, or fisheries, or to restore the use of water from any well, tank, canal or water-course, whether natural or artificial used for agricultural purposes to any person who has been dispossessed or deprived thereof otherwise than by due course of law, or who has become entitled to the possession or restoration thereof by reason of the determination of any tenancy or other right of any other person, not being a person who has been a former owner or part-owner within a period of twelve years before the institution of the suit of the property or use claimed, or who is the legal representative of such former owner of part-owner:
Provided that, if in any case the Mamlatdar considers it inequitable or unduly harash [to remove or course to be removed any such impediment or] [These words were inserted by Bombay 66 of 1954, Section 2 (1) (ii).], to give possession of any such property or to restore any such use to a person who has become entitled thereto merely\by reason of the determination of any such tenancy or other right, or if it appears to him that such case can be more suitably dealt with by a Civil Court, he may is his discretion refuse to exercise the power aforesaid, but shall record in writing his reasons for such refusal.
(2) Power to issue injunction. - The said Court shall also, subject to the same provisions, have power within the said limits, [where any impediment referred to in subsection (1) is erected, or an attempt has been made to erect it, or] [These words, brackets and figures were inserted by Bombay 66 of 1954, Section 2 (2) (a).], when any person is otherwise than by due course of law disturbed or obstructed, or when an attempt has been made so to disturb or obstruct any person, in the Page 8 of 19 Uploaded by DHARMENDRA KUMAR(HC01071) on Wed Oct 30 2024 Downloaded on : Sat Nov 02 22:35:55 IST 2024 NEUTRAL CITATION C/LPA/1558/2024 ORDER DATED: 21/10/2024 undefined possession of any lands or premises used for agriculture or grazing or trees, or crops or fisheries, or in the use of water from any well, tank, canal or water-course, whether natural or artificial used for agricultural purposes or in the use of roads or customary ways thereto to issue an injunction to the person [erecting or who has attempted to erect such impendment, or] [These words were inserted by Bombay 66 of 1954, Section 2 (2) (b).] causing or who has attempted to cause such disturbance or obstruction, requiring him to refrain [from erecting or attempting to erect any such impediment or] [These words were inserted by Bombay 66 of 1954, Section 2 (2) (a).], from causing or attempting to cause any further such disturbance or obstruction.
(3) Suit to be filed within six months. - No suit shall be entertained by a Mamlatdar's Court unless it is brought within six moconfnths from the date on which the cause of action arose.
(4) Cause of action. - The cause of action shall be deemed to have arisen on the date on which the [impediment to the natural flow of surface water or the] [These words were inserted by Bombay 66 of 1954, Section 2 (3) (a).] dispossession, deprivation or determination, of tenancy or other right occurred, or on which the [impediment] [This word was inserted by Bombay 66 of 1954, Section 2 (3) (b).], disturbance or obstruction, or the attempted [impediment or] [These words were inserted by Bombay 66 of 1954, Section 2 (3)
(c).] disturbance or obstruction, first commenced.
[11] A reading of Section 5(1) of the Act, 1906 indicates that the Mamlatdar has been conferred with power to remove or cause to be removed any impediment, erected otherwise than under due authority of law on any land used for agriculture, grazing, trees or crops, on to any adjacent land, where such Page 9 of 19 Uploaded by DHARMENDRA KUMAR(HC01071) on Wed Oct 30 2024 Downloaded on : Sat Nov 02 22:35:55 IST 2024 NEUTRAL CITATION C/LPA/1558/2024 ORDER DATED: 21/10/2024 undefined impediment causes or is likely to cause damage to the land used for such purposes or to any such grazing trees or crops thereon. Clause (b) contained in sub-section (1) of Section 5 empowers the Mamlatdar to give immediate possession of any lands or premises used for agriculture or grazing, or trees or crops, etc., or to any person who has been dispossessed or deprived thereof otherwise than by due course of law, or who has become entitled to the possession or restoration thereof. Sub-Section (2) of Section 5 empowers Mamlatadar to issue an order of injunction. The limitation for filing suit under the Act, 1906 is provided in Section 5 (3) of the Act, 1906. The cause of action has been narrated in sub section (4) of Section 5. [12] We may further refer to the provisions of Sections 7, 8, 9, 10, 11, 12, 13, 14 & 15 of the Act, 1906 which contain the procedure for filing of the plaint, examination of the plaintiff on oath, subscription and verification of the plaint, rejection or return of the plaint and the procedure when plaint is admissible, including the attendance of the witnesses. Page 10 of 19 Uploaded by DHARMENDRA KUMAR(HC01071) on Wed Oct 30 2024 Downloaded on : Sat Nov 02 22:35:55 IST 2024
NEUTRAL CITATION C/LPA/1558/2024 ORDER DATED: 21/10/2024 undefined [13] A careful reading of the said provisions indicate that though the procedure for exercise of power under Section 5 of the Act, 1906 is summery in nature but a comprehensive adherence to the procedure is necessary to make an inquiry for the exercise of the power under Section 5 of the Act, 1906, to remove or cause to be removed any impediment, obstruction and to given immediate possession of the land to any person entitled to possession or to restoration thereof. [14] It is, thus, clear that even in the summery proceedings to be conducted by the Mamlatadar, due care has to be taken to examine the claim of the plaintiffs and ensuring attendance of witnesses. Section 19, as a whole, is further relevant to be noted hereinunder:-
19. Points to be decided by Mamlatdar at hearing.
(1) On the day fixed, or on any day to which the proceedings may have been adjourned, the Mamlatdar shall, subject to the provisions of Section 16, proceed to hear all the evidence that is then and there before him and to try the following issues, namely:
(aa) If the plaintiff avers that the natural flow of Page 11 of 19 Uploaded by DHARMENDRA KUMAR(HC01071) on Wed Oct 30 2024 Downloaded on : Sat Nov 02 22:35:55 IST 2024 NEUTRAL CITATION C/LPA/1558/2024 ORDER DATED: 21/10/2024 undefined surface water from his, land has been impeded by any erection raised by the defendant causing damage or likelihood of damage to the plaintiff's land or to any grazing, trees or crops thereon-
(1) whether surface water flowed, in a defined channel or otherwise naturally from plaintiffs land on to defendant's land;
(2) whether the defendant erected any impediment to such flow, otherwise than under due authority of law;
(3) whether such erection impelled such natural flow of water within six months before the suit was filed;
(4) whether such impediment has caused or is likely to cause damage to plaintiffs land or to any grazing, trees or crops thereon;)
(a) If the plaintiff ever that he has been unlawfully disposed of any property or deprived of any use-
(1) whether the plaintiff or any person on his behalf or through whom he claims was in possession or enjoyment of the property or use claimed up to any time within six months before the suit was filed;
(2) whether the defendant is in possession at the time of the suit and, if so whether he obtained possession otherwise than by due course of law;
(b) if the plaintiff avers that he is entitled to possession of any property or restoration of any use by reason of the determination of any tenure or other right of the defendant in respect thereof-
(1) whether the defendant is in possession of the Page 12 of 19 Uploaded by DHARMENDRA KUMAR(HC01071) on Wed Oct 30 2024 Downloaded on : Sat Nov 02 22:35:55 IST 2024 NEUTRAL CITATION C/LPA/1558/2024 ORDER DATED: 21/10/2024 undefined property or in the enjoyment of the use by a right derived from the plaintiff or from any person through whom he claims (2) whether such right was determined at any time within six months before the suit was filed;
(3) whether the defendant is other than a person who has been a former owner or part-owner within a period of twelve years before the institution of the suit of the property or use claimed, and other than the legal representative of such former owner or part-owner;
(c) If the plaintiff avers that he is still in possession of the property or in the enjoyment of the use, but that the defendant disturbs or obstructs, or has attempted to disturb or obstruct, him in his possession or use-
(1) whether the plaintiff or any person in his behalf is actually in possession or enjoyment of the property or use claimed;
(2) whether the defendant is disturbing or, obstructing, or has attempted to disturb or obstruct, him in such possession or enjoyment;
(3) whether such disturbance or obstruction, or such attempted disturbance or obstruction, first commenced within six months before the suit was filed.
(2) Power of Mamlatdar to examine other witnesses and inspect property in disputes. - The Mamlatdar may, after due notice to, and in the presence of, the parties summon and examine as a witness any person who has not been summoned or produced, and may call for and cause to be proved any document which has not been applied for Page 13 of 19 Uploaded by DHARMENDRA KUMAR(HC01071) on Wed Oct 30 2024 Downloaded on : Sat Nov 02 22:35:55 IST 2024 NEUTRAL CITATION C/LPA/1558/2024 ORDER DATED: 21/10/2024 undefined or produced, by either of the parties, where he considers it expedient in the interest of justice so to do, and may, if he thinks fit, make a personal inspection of the property in dispute in the presence of, or after due notice to, the parties.
[He shall without unnecessary delay record a memorandum after hearing the parties on the spot if present, of any relevant facts observed at such inspection. The memorandum shall form part of the record of the case.] [These words were added by Bombay 11 of 1928, Section 2, First Schedule.] (3) Record of Proceedings by Mamlatdar. - The Mamlatdar shall with his own hand make or sign a memorandum of the substance of the evidence of each witness as the examination of the witness proceeds, and briefly record his reasons for his finding.
(4) Orders to be passed by Mamlatdar upon decisions in favour of plaintiff and defendant. - Where the Mamlatdar's finding upon the issues is in favour of the plaintiff, he shall make such order, not being in excess of the powers vested in him by Section 5, as the circumstances of the case appear to him to require; and where his finding is in favour of the defendant, he shall dismiss the suit. In either case the costs of the suit, including the cost of execution, shall follow the decision. [15] A careful reading of Section 19 further indicates that the Mamlatdar has even power to examine the witnesses and inspect the property in question so as to determine the dispute Page 14 of 19 Uploaded by DHARMENDRA KUMAR(HC01071) on Wed Oct 30 2024 Downloaded on : Sat Nov 02 22:35:55 IST 2024 NEUTRAL CITATION C/LPA/1558/2024 ORDER DATED: 21/10/2024 undefined in a logical manner and is also required to maintain the record of the proceedings by making or signing a memorandum of the substance of the evidence of each witness as examined by him, and briefly record his reasons for his finding. [16] Taking note of the above procedure prescribed under the Act, 1906, when we examine the impugned order dated 10.12.2015 passed by the Mamlatdar in deciding the issue of the right of way claimed by the petitioners in the application dated 04.08.2015 on the premises that their existed a way in the East-West direction on the southern side of Survey No.159/1, which is the land belonging to the original defendants / appellants herein, we find that there is absolutely no discussion nor any finding on any of the material on record. The document appended at page '11' of the Civil Application No.2 of 2024 filed along with the affidavit dated 03.10.2024 as panchnama dated 09.10.2015 relied by the Mamlatdar has not been disputed by the respondents herein, namely, the original plaintiffs before us. The said panchnama does not contain any averment of any inspection made by the Mamlatdar.
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NEUTRAL CITATION C/LPA/1558/2024 ORDER DATED: 21/10/2024 undefined [17] At this stage, we may record the submission made by the learned counsel for the respondent based on the averments made in the affidavit of the Mamlatdar dated 23.10.2018 at page '133' of the paper-book, which refers to a panchnama executed on 06.11.2017 by the concerned Mamlatdar, a copy whereof has been filed as an Annexure-R1 to the said affidavit and may record that after conclusion of the proceedings before the Mamlatdar on 10.12.2016, and the order passed by the Deputy Collector dated 12.04.2016, the panchnama, if any, prepared subsequently as on 06.11.2017 with respect to the dispute in question, would be of no relevance.
[18] It is further not possible for the Court to make any factual inquiry about the correctness of the content of the document appended as panchnama dated 06.11.2017, brought on record with the affidavit of the Mamlatdar dated 23.10.2018. [19] We may further record that the learned counsel for the respondent would also submit that the panchnama dated 09.10.2015, which contains the signature of the community members of the original plaintiffs, was prepared on the same Page 16 of 19 Uploaded by DHARMENDRA KUMAR(HC01071) on Wed Oct 30 2024 Downloaded on : Sat Nov 02 22:35:55 IST 2024 NEUTRAL CITATION C/LPA/1558/2024 ORDER DATED: 21/10/2024 undefined day when the statement of the plaintiffs witness was recorded by the Mamlatdar. It is sought to be submitted that in fact the statements of both sides were recorded by the Mamlatdar and on the same day panchnama was prepared. It can, thus, be assumed that the original defendants / appellants herein were aware of the preparation of the panchnama and also that all the parties were present during the course of inspection. [20] These submission are found misconceived for the simple reason that no assumption can be drawn about any fact which is not stated or is not reflected from the document itself. [21] With these, we have reached at an irresistible conclusion that the order dated 10.12.2015 passed by the Mamlatdar is wholly a cryptic order. The right of way is a valuable right given to an agriculturalist and it would also cause prejudice to the fellow agriculturalist / landholder from whose land, right of way is to be granted. A fulfledged inquiry strictly in accordance with the procedure prescribed under the Act, 1906 was required to be conducted by the Mamlatdar. This has not been done and further it is noteworthy that the learned Single Judge while Page 17 of 19 Uploaded by DHARMENDRA KUMAR(HC01071) on Wed Oct 30 2024 Downloaded on : Sat Nov 02 22:35:55 IST 2024 NEUTRAL CITATION C/LPA/1558/2024 ORDER DATED: 21/10/2024 undefined dismissing the writ petition did not even take note of the above aspects of the matter and straightaway referring to the material brought on the record by means of the additional affidavit filed by the private respondents / original plaintiffs, which has been extracted in paragraph '7' of the order impugned, proceeded to dismiss the writ petition. We find inherent fallacy the opinion drawn by the learned Single Judge for the simple reason that the dispute could not have been adjudicated treating the averments made by the respondents in the additional affidavit filed before the writ court, as a gospel truth. [22] For the aforesaid, while setting aside the judgment and order dated 25.04.2023 passed by the learned Single Judge, we find it fit and proper to quash the orders dated 10.12.2015 passed in Case No.5 of 2015 by the Mamlatdar and the order dated 12.04.2016 passed by the Deputy Collector, Anand in Appeal No.1 of 2016. While reviving the original proceedings, namely, the Case No.5 of 2015, registered on the application dated 04.08.2015 moved by the respondents herein, the matter is remitted for adjudication by the Mamlatdar keeping in mind of the provisions of the Act, 1906, strictly in accordance with Page 18 of 19 Uploaded by DHARMENDRA KUMAR(HC01071) on Wed Oct 30 2024 Downloaded on : Sat Nov 02 22:35:55 IST 2024 NEUTRAL CITATION C/LPA/1558/2024 ORDER DATED: 21/10/2024 undefined law, as expeditiously as possible, preferably within a period of FOUR MONTHS from the date of receipt of the copy of this order. It goes without saying that due care shall be taken by the Mamlatdar while making inspection of the site in question and recording of evidence of the witnesses. [23] With the above, the appeal stands allowed. It is clarified that the Mamlatdar shall decide the matter independently without being influenced by any of the observations made hereinbefore.
[24] In view of the order passed in the main matter, connected Civil Applications stand disposed of.
(SUNITA AGARWAL, C.J.) (PRANAV TRIVEDI, J.) DHARMENDRA KUMAR Page 19 of 19 Uploaded by DHARMENDRA KUMAR(HC01071) on Wed Oct 30 2024 Downloaded on : Sat Nov 02 22:35:55 IST 2024