IN THE COURT OF SH.
SOHAN LAL MALIK,(ADDITIONAL CIVIL
JUDGE),(SD),BHIWANI
AZAD VS B.D.P.O. Bhiwani &
other
Suit for declaration and injunction
Fixed for- 08.08.2025
Written statement on behalf of defendant No.2
R/Madam,
The defendant No.2 submit the written statement as under-
PRELIMINARY OBJECTION-
1. That the suit of plaintiff is wrong, against law and fact and as
such same is liable to be dismissed.
2. That the plaintiff has no locus standi ton file the present suit
against the answering defendant, as such the suit is liable to
be dismissed.
3. That the plaintiff has no cause of action to file the present
suit against the answering defendant, as such the suit is
liable to be dismissed.
4. That suit of the plaintiff is not maintainable in the present
form, as such the suit liable to be dismissed.
5. That the suit of the plaintiff is bad for non-joinder and mis-
joinder of necessary parties.
6. That the jurisdiction of the civil court is barred by law, hence
his Hon’ble court has no jurisdiction to try and decide the
present case.
7. That prior institution of suit against the Gram Panchayat, a
notice under section 205 of the Haryana Panchayati Act is
mandatory, but in the present case, no notice has been
served by the plaintiff upon the defendant, nor has any
exemption of notice been sought by the plaintiff from this
Hon’ble court.
8. That the plaintiff has concealed the true and material facts
from the Hon’ble court. True facts are as under that the
property of Gram Panchayat Mundhal Khurd encroached by
plaintiff. Earlier a suit under section 7 VCL, Act titled as
‘Krishan Versus Dharambir & other’ was field before Assistant
Collector 1st Class, Bhiwani, which was decided on
29.09.2022 in favour of Gram Panchayat and the
encroachers were found in illegal possession of property of
Gram Panchayat and the encroachers were found in illegal
possession of property of Gram Panchayat Mundhal Khurd.
As per directions of Hon’ble court, if any officials not
complies the guidelines of Govt, regarding encroachment, it is
deemed to be violation of order of Apex court and departmental
action is liable to be dismissed with heavy costs.
9. That suit is false, frivolous and vexation to the knowledge of
paint and as such the same is liable to be dismissed with
special costs.
On merits-
1. That para No.1 of the plaint is matter of record to the extent
of residence plaintiff, rest of the para is wrong, denied and
not admitted. The family member of plaintiff are muscle
man.
2. That para No.2 of the plaint is absolutely wrong, denied and
not admitted to be correct. The family member of plaintiff
were not owner of suit property at the time of filing case U/s
7 VCl, Act and they later on become owner of said property.
No such family settlement was executed at any point of
time. The plaintiff has constructed her house over the land
of Gram Panchayat Mundhal Khurd.
3. That in reply to para No.3 of the plaint, it is submitted that
notice dated 04.03.2025 was issued by BDPO Bhiwani to the
plaintiff beause the Mundhal Khurd. Other villager of same
street filed case U/s 7 VCL Act but the same was decided in
the favour. The plaintiff and other haves still encroached the
street. Detailed reply has already been given in para No.8
of preliminary objection hereinabove and the same may
kindly be read as part of reply of this para also.
4. That para No.4 of the plaint is wrong, denied and not
admitted to be correct. No street was constructed by Gram
Panchayat mundhal Khurd. Detailed reply has already been
given in para No.8 of preliminary objection hereinabove and
the same may kindly be read as part also.
5. That para No.5 of the palint is wrong, denied and not
admitted to be correct. The plaintiff was not owner at the
time of filling of application of 7 VCL. The family member of
plaintiff contested the application of 7 VCL. Order dated
29.09.2022 was rightly passed in favour of Gram Panchayat
and other applicant. Order dated 29.09.2022 was not
challenged by the plaintiff and other parties superior court.
Almost all encroachers have removed their illegal
encroachment by destroying their houses from the land of
Gram Panchayat.
6. That para No.6 of the plaint is wrong, denied and not
admitted to be correct and other. False story is mentioned in
this para. The plaintiff is still in illegal possession of Gram
Panchayat land. The plaintiff has illegally occupied and
encroached the gram Panchayat land adjoining to her
ancestral property and many notice in this regard were
given by BDPO, Bhiwani to the plaintiff and other.
7. That para No.7 of the plaint is wrong denied and not
admitted to be correct. Almost all illegally constructed
house have been demolished by the defendant NO.1 with
the consent of illegal encroacher and only two or three
house are to be demolished and the plaintiff and other were
given 7 days time to remove their illegal encroachment at
their own risk. Detailed reply has already been given in para
No.8 of preliminary objection hereinabove and the same
may kindly be read as part of reply of this para also.
8. That para No.8 of the plaint is wrong, denied and not
admitted to be correct. The plaintiff is still in illegal
encroachment of land of Gram Panchayat. Defendant No.2
is complying the order of higher officers/authorities.
9. That para No.9 of the plaint is wrong, denied and not
admitted to be correct. Almost all illegally constructed
house have been demolished by the defendant No.1 with
the consent of illegal encroached and only two or three
house are to be demolish and the plaintiff and other were
given 7 days time to remove their illegal encroachment at
their own risk. False story is mentioned by the plaintiff in
this para.
10. That para No.10 of the plaint is wrong, denied and not
admitted to be correct. There is urgency in the present suit.
11. That the para No.11 of the plaint is wrong, denied and not
admitted to be correct. The plaintiff is not entitled to any
relief.
12. That para No.12 of the plaint is wrong, denied and not
admitted to be correct. The plaintiff has no cause of action
to file the present suit against the answering defendant.
[Link] para No.13 of the plaint is matter of record. The
plaintiff be put to strict proof thereof.
14. That para No.14 of the plaint wrong, denied and not
admitted to be correct, Hon’ble court has no jurisdiction to
try and decide the present suit.
15. That para No.15 of the plaint is a legal one.
Last un-number para of the suit, which is the prayer
clause, is wrong, denied, and not admitted to be correct.
Plaintiff is not entitled to any relief, and suit of the plaintiff
deserves to be dismissed with costs.
Written statement may kindly be read as a reply to the
application under Order 39 Rule 1 and 2 read with Section
151 CPC.
It is, therefore, prayed that suit of the plaintiff may kindly be
dismissed throughout with heavy cost, in the interest of
justice.
Bhiwani
Date- 08.08.2025
Defendant No.2
Gram Panchayat, Mundhal Khurd, Tehsil, and
District Bhiwani, through its sarpanch
Through- Anil Jangra, Advocate Bhiwani
Verification- Verified that all the content of the above
written statement is true and correct as per our knowledge
and belief, and nothing has been concealed therein.