Raj Rani v. State Of Punjab And Others
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" That it is submitted that from the bare perusal of averments made in the present petition it is transpires that the petitioner is claiming she is owner in possession over the said plot bearing Khewat No.1090 and Khasra No.947 situated at Ward No.11 Patti, District Tarn Taran and on the other hand inhabitants and private respondents nos.5 to 19 are denying the same. In order to resolve the real controversy regarding the ownership of property in dispute, the relevant record pertaining to the plot bearing khewat No.1090 and Khasra No.947 situated at Ward No. 11 Patti
have been obtained from the Municipal Council Patti as well as Revenue department and further from the statements of inhabitants and as per the relevant record it is found that earlier there was a Mosque and thereafter, a Govt. School was shifted in the said mosque i.e. property in question but due to deteriorated/dilapidated condition of the building, the school was shifted to other place i.e. near Govt. Hospital, Patti, thereafter, all the inhabitants started to common use the same, but later on the petitioner took over the possession over the said vacant plot and when the inhabitants of the locality raised objection on it, then she got recorded said FIRs. However, as per record, the property in question/dispute is under the ownership of Punjab Wakf Board and entry in this regard duly incorporated in the Punjab Govt. Gazette as well as Jamabandi for the years 201372014. The copies of Punjabt Govt. Gazettee and report of Patwari Circle Patti7II dated 02.12.2023 are annexed herewith as Annexure R71 and Annexure R72/T for kind perusal of this Hon'ble court.
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That it is submitted that since both cases i.e. FIR No. 69 dated 06.05.2019 under section 447, 427, 506, 511 IPS PS Patti City and FIR no. 128 dated 03.08.2023 under section 447, 506, 427 IPC PS City Patti are relating the dispute of same property between the same parties, therefore, both the FIRs thoroughly investigated in fair and impartial manner and from the statements so recorded by the investigating enquiry officer as well as from the relevant record, it is revealed that the petitioner is trespasser and is in illegal possession over the property in question/ dispute and she has no any right, title or legally concern with the same. Rather, the property in question/ dispute is under the ownership of Punjab Wakf Board.
Neither any private respondent commits mischief or cause loss or damage to the property in any manner nor commits criminal trespass as alleged by the petitioner. Further there is no any threat to the life of the petitioner. Accordingly, a detailed report was prepared by the SHO, PS City Patti and DSP Sub Division 7Patti, District Tarn Taran, which was duly approved by the deponent on 11.12.2023. Now, the cancellation report in both FIR No. 69 dated 06.05.2019 under section 447, 427, 506, 511 IPS PS Patti City and FIR no. 128 dated 03.08.2023 under section 447, 506, 427 IPC PS City Patti have been prepared and likely to be presented in the Court of Illaqa Magistrate Patti in due course of law."
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