BABU SINGH Vs. MOTI RAM

JUDGEMENT

(1.) THROUGH this petition under section 482 of the Code of Criminal Procedure,. 1973, hereinafter referred to as the Code Babu Singh, petitioner, seeks the quashment of Kalandra dated 24-4-1990 instituted for proceedings under section 145 of the Code as well as the order of even date of Executive Magistrate appointing Tehsildar Gulha as Receiver of the land in dispute, inter alia, on the ground that the petitioner is in actual possession of the same and that the Civil Court in the suit had restrained the opposite side from" interfering in the peaceful possession of the petitioner over the land in dispute.

(2.) THIS petition is resisted by the State (Respondent No. 3) inter alia on the ground that the ownership of the land in dispute vests in Gram Panchayat at Seenh and previously it was taken on lease with the petitioner but the petitioner failed to pay the lease money to the Panchayat and vide order dated 8.4.1987 (Annexure R. 1) of the Assistant Collector 1st Grade, Gulha, the petitioner was ordered to be ejected and to pay a penalty of Rs. 2540/per hectare per year. It is maintained that the petitioner subsequently filed a suit against the Gram Panchayat and vide order dated 16-10-1987, the Sub Judge vacated the ex-parte stay order, granted in favour of the petitioner. The petitioner then preferred on appeal which was disposed of by the learned Additional District Judge, Kurukshetra on the undertaking of Babu Singh petitioner that he will leave possession of the disputed land after harvesting Rabi 1989 crop and that he will be entitled to participate in the auction held, by the Panchayat for leasing out this land. On this undertaking, the Additional District Judge passed the order (Annexure R. 3) dated 10-5-1988 allowing Babu Singh appellant to remove Malba of any construction raised on the said land in case be could not turn out to be the successful bidder in the auction for leasing out this land. The receipts of payment of lease money Annexures R. 4, R. 5 and R. 6 were also annexed in order to show that this land was leased out to. private respondents and they have paid the lease money. A copy of Khasra Girdawri of the revenue record (Annexure R. 7) was also filed showing that the land was under cultivation of private respondents in the year 1989-90. The private respondents have also filed reply to similar effect.

(3.) I have heard the learned counsel for the parties besides perusing the record.