[Civil Appeal Nos.7222-7223 of 2012 arising out of SLP (Civil) No. 15029-15030 of 2007]. The first respondent herein filed Regular Civil Suit No.109 of 1995 praying for the grant of permanent injunction against the appellant - Executive Engineer, Lower Vanna Project Division No.1, Wardha and also for a direction to restore the land to him. It was alleged that the defendants had undertaken the construction of the canal of Lower Vanna Project through the middle portion of the plaintiff's field, consequently a mandatory injunction was sought for to restore the land prior to the commencement of constructing the canal. The plaintiff alleged that the same was done to favour a nearby land owner so that his land could be saved. The suit was decreed and the defendants took up the matter in appeal which was dismissed and the matter was carried to the High Court. The High Court also dismissed the appeal on merits. The High Court in his order stated as follows: "I have carefully perused the documents produced by the appellant before the first appellate court. The submission made on behalf of the respondent No.1 that these documents do not disclose that the Government proposed to construct the canal through the middle portion of the field of respondent No.1 is acceptable and correct. Both the Courts have considered the original plan/map which was received from the custody of the appellants before the trial court to hold that the appellants had not proceeded with the construction work of the canal as per the original map.
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