Gurpreet Singh v. State Of Punjab And Others

CWP 17720/2020

IN THE HIGH COURT OF PUNJAB & HARYANA

AT CHANDIGARH CWP 17720/2020 Date of decision:24.11.2020 Gurpreet Singh ..............Petitioner v.

State of Punjab and others ..............Respondents Coram:

Hon'ble Mr.Justice Jaswant Singh Hon'ble Mr.Justice Sant Parkash Present:- Mr.Inderjit Sharma,Advocate for the petitioner Ms.Lavanya Paul,AAG Punjab for official respondents Jaswant Singh,J.

[The aforesaid presence is being recorded through video conferencing since the proceedings are being conducted in virtual Court] This common order shall dispose of CWP No.17720/2020 and 18253/2020 involving identical facts and prayer. Facts in brief are that on 20.7.2019 Gram Panchayat, Kalanour, District Gurdaspur, being owner, put to auction 80 kanals of land situated in VPO Kalanour for an amount of Rs.1,30,000/- per annum for cultivation with 10% increase for three years. Petitioner participated in the said auction and being highest bidder was granted lease of the land in question. On the same day i.e. 20.7.2019 lease deed (P-2) was also executed in his favour upon which the petitioner deposited the lease amount of Rs.1,30,000/- vide receipt dated 20.7.2019 (P-4) and possession of the auctioned land was delivered to him.

It is alleged by the petitioner that he is ready and willing to deposit lease money for the next year with 10% increase, as stipulated in the lease deed (P-2), but respondents 2 to 4, under the political pressure of local Minister were threatening to transfer the RAJINDER PARSHAD JOSHI 2020.11.

CWP 17720/2020 land in question to respondent no.5 by dispossessing the petitioner, in violation of auction deed dated 20.7.2019, whereupon he filed a civil suit before Civil Judge (Senior Division) Gurdaspur for permanent injunction for restraining the defendants from interfering in his peaceful possession or dispossessing him from the land in question. Alongwith the said suit he also filed an application under Order 39 Rules 1 and 2 CPC for interim injunction which is still pending. In the present writ petitions, it is prayer of the petitioner that the learned trial Court be directed to decide and dispose of the said application as early as possible and in the meantime direction may also be issued to protect his peaceful possession over the suit land till final adjudication of the matter on merits. After arguing for sometime and having failed to convince the Court,learned counsel seeks permission to withdraw the instant writ petitions.

Both the petitions stand dismissed as withdrawn. A copy of this order be placed on the file of connected CWP 18253/2020.

(Jaswant Singh) Judge 24.11.2020.

(Sant Parkash) joshi Judge Whether Speaking/reasoned Yes/No Whether Reportable Yes/No RAJINDER PARSHAD JOSHI 2020.11.25 15:51 I attest to the accuracy and integrity of this document