High Court of Punjab and HaryanaCOCP/1253/2018disposed of

Neetu v. Sh. J. Elanchezhian,Sr. Superintendent Pf Police Hoshiarpur And Others

2018-07-06Mrs. Justice Raj Rahul Garg2 pages

COCP 1253/2018

IN THE HIGH COURT OF PUNJAB & HARYANA

AT CHANDIGARH COCP 1253/2018 Date of decision:06.07.2018 Neetu ..............Petitioner v.

Sh.J.Elanchezhian,SSP Hoshiarpur and others ..............Respondents Coram:

Hon'ble Mr.Justice Jaswant Singh Present:- Mr. KS Dadwal,Advocate for the petitioner Mr.Manoj Bajaj,Addl.AG Punjab for official respondents. Mr.R.S.Chauhan,Advocate for private respondents. Jaswant Singh,J,(Oral).

Petitioner is stated to have purchased 1 kanal 5 marlas of land comprised in khasra No.2362, khewat no.456/425, khatauni no.697 situated in the revenue estate of Talwara, Tehsil Mukerian, District Hoshiarpur whereas respondent nos. 5 and 6 are stated to be owning property in the nearby khasra no.2356 and 2367 in the same revenue estate, Petitioner is stated to have filed an injunction suit wherein temporary injunction order was passed against the aforesaid private respondents. The private respondents have also filed an injunction suit wherein an injunction order has been passed against the present petitioner. Petitioner filed Crl.M.No.M-13030 of 2018 with the allegations that the private respondents were not permitting the petitioner to make construction on her aforesaid land wherein an interim direction dated 28.3.2018 was passed by learned Single Judge of this Court directing the Rajinder Parshad Joshi 2018.07.07 14:24 I attest to the accuracy and integrity of this document

COCP 1253/2018 SSP to ensure that there was no interference in the property of the petitioner bearing khasra no.2362, as described hereinabove. Present contempt has been filed by the petitioner with the allegations that the SSP has taken no steps to enforce the directions dated 28.3.2018 as the private respondents are alleged to have interfered with the possession of the petitioner and also gave her beating on 18.6.2018. Upon notice, counsel for the private respondents states that his clients have also filed CRM-M18894/2018, seeking similar relief as claimed by the petitioner in the aforesaid petition, and the the same learned Single Judge disposed of the petition vide order dated 14.5.2018 by relegating both the rival parties to seek their remedies before the Civil Court keeping in view the nature of allegations.

The police authorities were directed to keep their hands off in their inter se dispute of civil nature. Learned State counsel on instructions from ASI Om Parkash No.1200/HPR, PS Talwara, Distt.Hoshiarpur states that if it is found during any enquiry or investigation that any cognizable offence is committed by any of the parties, appropriate action shall be taken in accordance with law. In view of the above, present petition is disposed of. 06.07.2018 (Jaswant Singh) joshi Judge Whether Speaking/reasoned Yes/No Whether Reportable Yes/No Rajinder Parshad Joshi 2018.07.