Guru Hargobind Sahib Ji Patshahi, Village Kandiala, Tehsil Patti And ORS v. State Of Punjab And Others

CWP No. 17069-2020

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH CWP-17069 of 2020 Date of decision:- 10.02.2021 Guru Hargobind Sahib Ji Pathshahi 6th Village Kandiala, Tehsil Patti, Distt Tarn Taran & ors.

...Petitioners

Vs.

State of Punjab & ors.

...Respondents

CORAM: HON'BLE MS. JUSTICE RITU BAHRI

Present:

Mr. S.S. Saron, Advocate for the petitioners.

Ms. Akshita Chauhan, AAG, Punjab Mr. Vilas Sharma, Advocate for respondent No. 2 Mr Varinder Sandhu, Advocate for respondent No. 7.

*** Ritu Bahri, J. (Oral) Challenge in this petition is to orders dated 07.10.2020 (P-20 and P-21) passed by SDM Patti-respondent No. 2, without issuing notice to the petitioners. Further respondent No. 2 had appointed SHO Police Station City Patti as receiver qua the land measuring 237 kanals 06 marlas situated in Khasra No. 52/1/1 village Kandiala, Tehsil Patti, District Tarn Taran. On notice of the petition, a short reply has been filed on behalf of respondent Nos. 1, 3 & 4 stating therein that present petition be dismissed as rendered infrctuous as vide order dated 20.10.2020 (R-1/T) respondent No. 2 had dropped the proceedings initiated under Section 145 GAURAV ARORA 2021.02.17 14:33 I attest to the accuracy and integrity of this document Chandigarh Cr.P.C. It has further been stated that in view of letter dated 06.10.2020,

CWP No. 17069-2020 respondent No. 4 had visited the land in dispute and tried to make the parties understand i.e petitioners and Gram Panchayat through its administrator but all in vain. In order to maintain the law and order, respondent No. 4 prepared a kalandera under Section 145 Cr.P.C before the Court of SDM Patti vide DDR No. 32 dated 06.10.2020 and respondent No. 2 has thus initiated proceedings under Section 145 Cr.P.C and appointed SHO as receiver vide order dated 07.10.2020. Further petitioners have also filed COCP No. 2331-2020 and this petition was also dismissed as having rendered infructuous, vide order dated 07.12.2020 (R-2) and respondent No. 4 stands discharged by the Court.

In view of the detailed reply filed on behalf of respondent Nos. 1, 3 and 4, the present petition is dismissed as having become infructuous. (RITU BAHRI) 10.02.2021 JUDGE G Arora Whether speaking/reasoned : Yes/No Whether reportable : Yes/No GAURAV ARORA 2021.02.17 14:33 I attest to the accuracy and integrity of this document Chandigarh