High Court of Punjab and HaryanaCRM-M/13670/2015dismissed

Bikkar Singh v. State Of Punjab And ORS.

2015-04-29Mr. Justice Rajesh Bhardwaj2 pages

CRM-M-13670-2015 -1-

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH.

Crl. Misc. No.M-13670 of 2015 (O&M) Date of Decision: April 29, 2015.

Bikkar Singh ......PETITIONER(s).

VERSUS

State of Punjab and others ....RESPONDENT(s).

CORAM:- HON'BLE MR. JUSTICE SURINDER GUPTA

Present:

Mr. Amandeep Singh Rai, Advocate for the petitioner (s).

******* SURINDER GUPTA, J.(Oral) Heard.

The dispute pertains to a piece of land bearing Khewat no.41/41, Khatauni no.44, Khasra no.13007/1/2227 measuring 4 Bighas, 13 Biswas, 8 Biswansis situated in village Killa Raipur. The petitioner has described the matter in dispute in para 2 of the petition as follows:- "2.

That the brief facts of the present case are that the petitioner is a owner of land comprised in Khewat no.41/41, Khatauni no.44, Khasra no.13007/1/2227 measuring 4 B, 13 Bis, 8 Biswa, situated in his village. Adjoining the above said land of the petitioner, a bricks kiln has been installed and in running condition by respondent no.4-Darshan Singh son of Lal Singh. For the last 2-3 years, the respondent SACHIN MEHTA 2015.04.29 16:54 I attest to the accuracy and authenticity of this document Chandigarh

CRM-M-13670-2015 -2no.4 started harassing illegally to the petitioner by putting bricks bat in the passage of the land of the petitioner. When the petitioner objected (to) the illegal act of the respondent no.4 and requested him (not) to do so, then he stated that he got conducted demarcation of this land from Halqa Kanugo, whereas in the said alleged demarcation was not done in the presence of the petitioner."

Learned counsel for the petitioner submits that the suit filed by the petitioner seeking relief of permanent injunction relating to the suit property was decreed in his favour but despite the decree, respondent No.4 is interfering in his possession regarding which he has moved an application (Annexure P-5) to SHO, Police Station Dehlon. The dispute pertains to the civil litigation regarding which no direction can be issued under Section 482 Code of Criminal Procedure. The petitioner is at liberty to avail all the remedies available to him under law.

This petition has no merits. Dismissed.

( SURINDER GUPTA ) April 29, 2015.

JUDGE Sachin M.

SACHIN MEHTA 2015.04.29 16:54 I attest to the accuracy and authenticity of this document Chandigarh