Pritpal Singh And ORS v. State Of Haryana And ORS

CRM-M-14324-2017 -1IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH CRM-M-14324-2017 Date of decision: 13.09.2018 Pritpal Singh and others ..... Petitioners

Versus

State of Haryana and another ..... Respondents

CORAM:

HON'BLE MR. JUSTICE RAMENDRA JAIN PRESENT: Mr. Abhishek Singla, Advocate for Mr. KP Singh, Advocate for the petitioners.

Mr. Vikramjit Singh, Addl. A.G., Haryana.

Mr. Sanjiv Kumar Aggarwal, Advocate for respondent No. 2. RAMENDRA JAIN, J. (ORAL) Through this petition under Section 482 Cr.P.C., prayer has been made for quashing Calendra dated 03.04.2017 (Annexure P-6), issued by the Sub Divisional Magistrate, Thanesar and all the other subsequent proceedings arising therefrom being abuse of the process of law. Heard.

Admittedly, the matter in dispute between the parties is pending adjudication before the Civil Court.

Learned counsel for respondent No. 2 submits that in appeal filed by respondent No. 2-Narender Singh, the Ist Appellate Court, has held respondent No. 2 and his son-Gurdev Singh, in possession of the land in question. Consequently, Sub Divisional Magistrate, Thanesar, has no right to proceed further in Calendra (Annexure P-6) and has no objection in its cancellation.

RISHU KATARIA 2018.09.17 17:56 I attest to the accuracy and integrity of this document

CRM-M-14324-2017 -2In view of the above, order/Calendra dated 03.04.2017 (Annexure P-6) of Sub Divisional Magistrate, Thanesar and all subsequent proceedings arising therefrom, are quashed.

Disposed of September 13, 2018 ( RAMENDRA JAIN ) rishu JUDGE Whether speaking/reasoned Yes/No Whether reportable Yes/No RISHU KATARIA 2018.09.17 17:56 I attest to the accuracy and integrity of this document