High Court of Punjab and HaryanaCRWP/9110/2020disposed of

Mahipal v. State Of Haryana And Others

2020-11-04Mr. Justice Avneesh Jhingan2 pages

CRWP No. 9110 of 2020 [1]

IN THE HIGH COURT OF PUNJAB & HARYANA

AT CHANDIGARH **** CRWP No. 9110 of 2020 Date of Decision: 04.11.2020 Mahipal Petitioner

Versus

State of Haryana and others Respondents CORAM: HON'BLE MR. JUSTICE AVNEESH JHINGAN

Present:

Mr. Vikram Singh, Advocate for the petitioner. Mr. Pankaj Mulwani, DAG, Haryana.

AVNEESH JHINGAN, J (Oral):

The matter is taken up for hearing through video conference due to COVID-19 situation.

The present petition is filed seeking direction to respondents No. 2 and 3 i.e. Superintendent of Police, Panipat and SHO, Police Station Chandni Bagh, District Panipat to protect life and liberty of the petitioner. The brief facts as pleaded are that the petitioner purchased land measuring 106 square yards out of a total share of 4 Bigha and 16 Biswa comprising in Khasra Nos. 659, 449 and 327 situated in village Gaddiwara, Krishan Pura, Panipat vide registered sale deed No. 6216 dated 11.1.2017. A house was constructed and one room at the first floor was rented out to respondents No. 4 to 6. There is litigation between the tenant and the petitioner. The pleadings are that a bogus sale deed of the house has been prepared vide Vasika No. 2108 dated 7.9.2020. It is alleged that the said sale deed does not relate to the house of the petitioner, in fact the petitioner has mortgaged House No. 30/15, Krishan Pura, Panipat with

CRWP No. 9110 of 2020 [2] IndusInd Bank, Panipat.

From the said pleadings, it is apparent that there is a civil dispute between the parties with regard to house in question. However, in para No. 12 it is pleaded that respondents No. 4 to 9 have threatened to kill the petitioner in case the litigation is not withdrawn and the house is not vacated. The matter was reported to respondent No. 3 on 17.10.2020 and an application was made to respondent No. 2 on 19.10.2020. The grievance raised is that no action has been taken on the said applications.

The issue with regard to ownership and possession of the house is a civil dispute and it appears that the parties are pursuing their civil remedies or in any case can avail their remedies available in accordance with law.

The petition is disposed of with a direction to respondents No. 2 and 3 to look into the threat perception and if needed, appropriate steps would be taken thereafter.

[AVNEESH JHINGAN] JUDGE th November, 2020 mk

1. Whether speaking/ reasoned :

Yes / No

2. Whether reportable :

Yes / No