JASBIR SINGH MOHINDER SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) BY mode of this petition within the ambit of Section 482 of the Criminal Procedure Code, the quashing of the proceedings initiated Under Section 145 Cr. P. C. upon the report of Station House Officer, Police Station, Pundri district Kaithal described in Annexure P-4 on which the final order as contained in Annexure P-15 was passed, is sought on the various grounds.

(2.) THE brief facts of the case giving rise to these proceedings are that some land measuring 253 Kanals situate in village Dussain belongs to village Gram Panchayat and the petitioner No. 4 Bughail Singh son of Kikar Singh was also cultivating about 1 1/2 Acres out of this land. The respective parties are in peaceful possession of the Gram Panchayat land as 'zumla Malkan' which is about 1038 Kanals. Its possession lies with the petitioners as Pattedars and the Gram Panchayat had been leasing it out to the respective parties on the year to year basis. Entries to that effect are contained in Jamabandies and Khasra Girdawries as well showing that the parties are 'pattedaran'. The then Gram Panchayat leased out the land measuring 253 Kanals belonging to it by passing a resolution in an open auction dated 20. 11. 1994 and the same was finished in favour of Jaswant Singh and others at the auction price of Rs. 82,000/ -. The Gram Panchayat passed a resolution that the land belonging to the Gram Panchayat i. e. 253 Kanals be leased out to respondents Jaswant Singh and others for six months only i. e. 20. 11. 1994 to 20. 5. 1995 for sowing the Rabi crop only. The said Jaswant Singh and others filed civil suit for permanent injunction restraining the Gram Panchayat through its Sarpanch from dispossessing them from the land belonging to the Gram Panchayat. The learned Sub Judge, Ist Class, Kaithal, Shri Jai Singh Jangra, vide his order dated 10. 6. 1995 restrained the defendant-Gram Panchayat by passing a conditional order to deposit a sum of Rs. 60,000.00 as security in favour of the Gram Panchayat failing which the stay granted by the Court was to be vacated. As the respondents failed to deposit Rs. 60,000.00 in the Court thereroie the stay granted by the Court stood vacated. Against the said order the appeal was filed by the Gram Panchayat before the District Judge who while exercising the powers as a vacation Judge stayed the operation of the order dated 10. 6. 1995.

(3.) BY an amendment in Section 2 of the Punjab village Common Lands (Regulations) Haryana amendment Act No. 9 of 1992, the land in question was mutated in the name of the Gram Panchayat without hearing the parties. In this regard Civil Writ Petition Nos. 17438 of 1994, 5962/94, 7108/94, 6097/94, 7407/94, 7713/92 and 4614 of 1993 were filed and the Division Bench of this Court allowed all these writ petitions. The order passed in C. W. P. No. 17438 of 1994 was followed in the other writ petitions as well, saying that in view of the Full Bench of this Court in Residents of village Sadipur, Tehsil Naraingarh v. State of Haryana 1995 (1) All Chandigarh Decision 421, [the name of the Judgment is Jai Singh v. State of Haryana reported as (1995-1)109 P. L. R. 614 (F. B.) - Editor] the respondents (i. e. State of Haryana and Gram panchayat, Dussain) could not resort to the provisions of the Amended Act declared as ultra vires. In view of that judgment the respondents were restrained from taking possession from the petitioners under the provisions of the Amended Act.