High Court of Punjab and HaryanaCRWP/9615/2024disposed of

Ram Karan And Another v. State Of Punjab And Others

2025-02-10Mr. Justice Sandeep Moudgil3 pages

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH Date of decision: 10.02.2025 Ram Karan and Anr ......Petitioners

Versus

State of Punjab and Ors .....Respondents CORAM: HON'BLE MR. JUSTICE SANDEEP MOUDGIL

Present:

Mr. Hardeep Singh Saini, Advocate for the petitioners. Mr. J.S. Rattu, DAG, Punjab.

SANDEEP MOUDGIL, J (ORAL) Petitioners have approached this Court under Article 226/227 of Constitution seeking a writ of mandamus directing respondent Nos.1 to 6 to protect life and liberty of the petitioners at the hands of respondent Nos.7 to 13; with a further to respondent Nos.1 to 6 to look into complaint/statement lodged by the petitioners to respondent No.6 and application dated 09.09.2024 (Annexure P.8) filed before respondent Nos.3 & 4 against respondent Nos.7 to 13. In compliance of previous order dated 04.10.2024, a status report by way of affidavit dated 25.11.2024 of Harmanpreet Singh, PPS, DSP, Circle Ghanaur, District Patiala has been filed on behalf of respondent Nos.1 to 3 and respondent Nos.5 & 6 in Court today stating as under: "3.

That it is respectfully submitted that the brief facts of the present matter are that a complaint dated 09.09.2024 was moved by Angoori (petitioner no. 2) before In-charge, P.P. Tepla, Police Station Shambhu, against Gurjant Singh (respondent no. 7), Dalbir Singh (respondent no. 8), Gurjeet Singh (respondent no. 9), Gurjot Singh (respondent no. 10), Gurdeep Singh (respondent no. 11), Sukhwinder Singh (respondent no. 12) and Angrej Singh (respondent no. 13), with the allegations that on 08:15 PM, when she alongwith her family was present at her house, Gurjant Singh and others started abusing them by standing in the street.

she (petitioner no. 2) asked them about the reason for abusing, then Gurjant Singh (respondent no. 7) and his accomplices got ready for manhandling the petitioner no. 2 and her family and they also started extending them threats. However, the petitioners and their family got into their house and thereafter, Gurjant Singh (respondent no. 7) and his accomplices got in their respective house. The petitioner no.2 further stated about the reason for enmity that there was an ongoing dispute regarding land with Gurjant Singh etc. and the petitioner no. 2 demanded legal action against them.

4. That it is respectfully submitted that the aforementioned complaint of petitioner no. 2 was marked to HC Ashwani Kumar, who after conducting thorough and detailed enquiry, found that there was an ongoing dispute between both the parties regarding the windows and door of the house of petitioners and the concerned DDPO has stayed any construction or other activity in the disputed area vide order dated 09.09.2024 (Annexure P-7 in the petition). However, it also came into light that there was a possibility of scuffle between both the parties as they were neighbors, therefore, preventive action under Section 126/170 BNSS was taken against Gurjant Singh (respondent no. 7) and Gurjeet Singh (respondent no. 9) vide Rapat No. 18 dated 26.10.2024 P.S. Shambhu, District Patiala.

5. That so far as the representation dated 09.09.2024 (Annexure P-8 in the petition) moved before Senior Superintendent of Police, Patiala and Deputy Commissioner, Patiala, is concerned, it is respectfully submitted that SHO Police Station Shambhu sent a letter dated 12.11.2024 to Complaint Branch, D.P.O. Patiala to enquire regarding the receipt of the said representation (Annexure P-8) moved by petitioners and it came to light that no such representation had been received at the office of Senior Superintendent of Police, Patiala so far.

6. That it is further respectfully submitted that preventive action has already been taken against Gurjant Singh (respondent No.7) and Gurjeet Singh (respondent No.9). Moreover, the dispute between the parties is regarding land and the petitioners have already obtained stay order from Ld. DDPO Patiala."

The above deposition made in the affidavit of the DSP, Circle Patiala would reveal that no such representation dated 09.09.2024 was made to the concerned Authorities, though preventive action has been taken against Gurjant Singh (respondent No.7) and Gurjeet Singh (respondent No.9). Since the dispute as pointed out to be is regarding possession of the land in question between the parties and necessary litigation has already been initiated by the petitioners before the court of DDPO, Patiala wherein they have got an interim protection as well. In the light of aforesaid, nothing survives in the present petition warranting interference by this Court, hence the same is disposed of as having been rendered infructuous.

( SANDEEP MOUDGIL ) JUDGE 10.02.2025 manoj

1. Whether speaking/ reasoned :

Yes /No

2. Whether reportable :

Yes /No