Paramjit Singh Bhatti And Others v. State Of Punjab And Others

LPA-1062-2024 (O&M) -1IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH ***** LPA-1062-2024 (O&M) Date of Decision: 07.11.2024 Paramjit Singh Bhatti and others ....Appellants

Versus

State of Punjab and others

...Respondents

CORAM:

HON'BLE MR. JUSTICE G.S.SANDHAWALIA HON'BLE MR. JUSTICE DEEPAK GUPTA Present :

Mr. Sunny K. Singla, Advocate, for the appellants. Ms. Arundhati Kulshreshtha, AAG, Punjab for respondents No.1 to 3.

None for respondents No.4 to 20.

***** G.S.SANDHAWALIA , J. (ORAL) The present Letter Patent Appeal is directed against the common order dated 20.04.2024 passed by the learned Single Judge in CRM-M-20135-2022 and CRWP-10369-2024 titled as 'Paramjit Singh Bhatti and others Vs. State of Punjab and others', which was disposed of with certain observations made in the said order. 2.

In the said judgment, learned Single Judge has found that present appellants No.1 and 3 have criminal antecedents and they had taken advantage of the fact that the disputed land belonged to NRIs who were legal representatives of deceased-Avtar Singh and Gian Singh and unauthorizedly possessed the same. The affidavit was also given by the present appellant No.1 that he would vacate the land on or before May, 2024. Resultantly, the VIRENDRA SINGH ADHIKARI 2024.11.11 16:41 I attest to the accuracy and integrity of this document

LPA-1062-2024 (O&M) -2learned Single Judge had directed that the appellants shall not re-step into the disputed land, which belonged to the legal representatives of deceased Avtar Singh and Gian Singh. The criminal antecedents of appellant No.1 and his son i.e. appellant No.3 who had 09 and 04 FIRs respectively, already registered against them, led to passing of the extreme order by the learned Single Judge. The factual matrix, as noticed, stems from the proceedings of criminal jurisdiction of the learned Single Judge. 3.

Keeping in view the above facts and circumstances, we are of the considered opinion that the present appeal is not maintainable in view of the law laid down by Apex Court in Ram Kishan Fauji Vs. State of Haryana and others, 2017 AIR Supreme Court 1535. 4.

Faced with the situation, learned counsel for the appellants is not in a position to press the present appeal and submits that he be given liberty to withdraw the same, to challenge the proceedings before the Court of competent jurisdiction, as per law.

5.

Ordered accordingly.

(G.S.SANDHAWALIA) JUDGE (DEEPAK GUPTA) JUDGE 07.11.2024 adhikari Whether speaking/reasonsed :

Yes/No Whether reportable :

Yes/No VIRENDRA SINGH ADHIKARI 2024.11.11 16:41 I attest to the accuracy and integrity of this document