Tekchand Sharma @ Tikaram v. Bs Sandhu And ANR

COCP 3040/2017

IN THE HIGH COURT OF PUNJAB & HARYANA

AT CHANDIGARH COCP 3040/2017 Date of decision:15.02.2018.

Tekchand Sharma @ Tikaram ..............Petitioner v.

B.S.Sandhu and another ..............Respondents Coram:

Hon'ble Mr.Justice Jaswant Singh Present:- Petitioner in person Mr.DK Mittal,Dy.Advocate General,Haryana for respondents Jaswant Singh,J,(Oral).

Instant contempt has been filed by the petitioner alleging willful disobedience of the order dated 28.4.2016 (P-1) passed by this Court in CWP 20474/2014.

Petitioner, who is present in person states that police protection, as directed by this Court vide order dated 28.4.2016 is not being provided to him.

A perusal of the order dated 28.4.2016 passed in CWP 20474/2014 reveals that petitioner is litigating with his brothers over agricultural land at Village Khambi,Palwal for which he had filed a civil suit for permanent injunction besides partition proceedings before the revenue authorities. It was alleged that since petitioner was not having good terms with his brothers he was living at Delhi and thus had filed said writ petition seeking protection exercising his fundamental right guaranteed Rajinder Parshad Joshi 2018.02.16 09:40 I attest to the accuracy and integrity of this document

COCP 3040/2017 under Article 21 of the Constitution of India. His brothers had also filed CWP 16895/2015 without seeking any relief but with a request to treat the same as reply to writ petition filed by the petitioner. After hearing both sides both the writ petitions were disposed of with a direction to police authorities to provide police protection to petitioner as and when he applies for the same to the Commissioner of Police,Faridabad for seeking protection.

Upon notice, reply by way of affidavits of Director General of Police,Haryana and that of Commissioner of Police,Faridabad dated 7.11.2017 has been filed wherein details of security provided to the petitioner on as many as eight occasions has been mentioned. It has further been stated that after providing protection petitioner reported no threat except one complaint bearing No.1074/CC/PHQ which was disposed of as the matter was found civil in nature pertaining to demarcation of land and report sent to DGP Haryana.

In view of the contents of affidavits, it is apparent that no willful disobedience of the order dated 28.4.2016 by respondents is made out.

Dismissed.

15.02.2018 (Jaswant Singh) joshi Judge Whether Speaking/reasoned Yes/No Whether Reportable Yes/No Rajinder Parshad Joshi 2018.02.16 09:40 I attest to the accuracy and integrity of this document