Trial Court rightly dismissed the Appeal holding that Petitioner occupied public land. Relying on the case of Ahmedabad Municipal Corporation vs. Nawab Khan Gulab Khan, Court held that as the Petitioner has got no legal right, title or interest in the suit land. He was an encroacher on the Government land as held by the Civil Court. These findings of the Civil Court were never challenged by the Petitioner and, therefore, the same has attained finality and was binding upon the Petitioner. Accordingly, there was no infirmity, illegality or error in the impugned order passed by the District Judge and also under Article 227 of Constitution of India under these circumstances petition was not maintainable.
