JAGIR SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THE present petition has been filed under Section 482 Cr.P.C. for quashing the Calendar Annexure P/13, order Annexure P/14 and all further proceedings pending in the Court of Executive Magistrate, Ropar.

(2.) THE brief facts of the case leading to the filing of this petition are that the petitioners were in possession of the land in dispute which was described in the revenue record as Gair Mumkin Nadi. The land was mutated in the name of Gram Panchayat, Bhagwantpura on 22.9.1989 in pursuance to an order passed by Collector, Ropar. Thereafter Gram Panchayat through its Sarpanch filed an application before the District Development and Panchayats Officer- cum-Collector, Ropar who ordered the eviction of the petitioners on 11.1.1991. On 21.2.1992 Gram Panchayat, Bhagwantpura passed a resolution to the effect that possession of the land was taken on 29.5.1992 from the petitioners and thereafter Sugarcane and Potato crops were sown, but the petitioners were preparing to uproot the same. These persons may be restrained and the crops be harvested with the help of the police. A copy of this resolution was sent to Block Development and Panchayat Officer, Ropar, who forwarded the resolution to Senior Superintendent of Police, Ropar, vide his covering letter dated 24.2.1992. The documents were received at Police Station, Ropar, and thereafter an enquiry was held. Both the parties claimed possession over the land in dispute. Although the land was given on lease to Narinder Singh, Mewa Singh and Gurcharan Singh by the Gram Panchayat, they were not successful in sowing the crops, but the crops were sown by the petitioners forcibly. Sub Inspector Balwant Singh, therefore, apprehending a quarrel between the parties submitted Calendar before Executive Magistrate, Roop Nagar, for initiating proceedings under Section 145 Cr.P.C.

(3.) NOTICE of the petition was given to the respondents, but no return was filed.