- (1.) Roop Chand has filed this petition under Articles 226 and 227 of the constitution of India for the issuance of an appropriate writ, order or direction quashing the order of the Deputy Commissioner, Gurdaspur, dated 24th November, 1966. A further prayer has been made that a writ in the nature of mandamum be also issued directing the respondents to deliver back the possession of the house in dispute to the petitioner. The facts of this case, as given in the petition, may briefly be stated thus :- The petitioner is a practising Advocate at Gurdaspur and was in possession of House No. 262 of Ward No. 5. The said house was owned by Gain Singh respondent, who had been residing at Lucknow with his family. Gian Singh had rented out the house to the petitioner at Rs. 25/- per mensem. In the month of August, 1966, Shrimati Surjit Kaur, wife of Gian Singh respondent, came to Gurdaspur and wanted the petitioner to vacate the house who, in turn, refused to do so. On 17th August, 1966, Shrimati Surjit Kaur entered into the house forcibly after breaking open the lock of the petitioner. She took possession of a small room (store) and threw the petitioner's luggage outside. The petitioner made a complaint to the police immediately on which Gurcharan Singh, Assistant Sub Inspector of police, went to the spot and got the possession of the said room restored to the petitioner. On 12th September, 1966, Gian Singh went to the petitioner and asked him to vacate the house otherwise he would take forcible possession. The petitioner immediately approached the Superintendent of Police and submitted an application before him with a prayer that appropriate action be taken in the matter. A copy of the application was also sent to the Deputy Commissioner.
(2.) It is further stated that Gain ?Singh and his wife were friendly with Shri Joginder Singh, Deputy Commissioner, Gurdaspur and on that score had been threatening the petitioner with dire consequences in case he failed to vacate the house. Gain Singh also managed to win over the police on the basis of the influence which he had on Shri Joginder Singh, Deputy Commissioner with the result that on 14th September, 1966, Om Parkash Sharma, Assistant Sub Inspector, City Police Post, went to the petitioner's House along with two constables and threatened him to vacate the house. The petitioner requested the Assistant Sub Inspector not to take the law into his own hands.
(3.) On 15th September, 1966 Gian Singh again broke open the lock of the petitioner and forcibly took possession of a store room. This was done with the connivance of Om Parkash, Assistant Sub Inspector. The petitioner immediately wrote an application to the Superintendent of Police, Gurdaspur, requesting him to take action into the matter. He also sent a copy of the application to the Deputy Commissioner. No action whatsoever was taken by the authorities. On 19th September, 1966, Gian Singh forcibly took possession of the kitchen. As the high-handed acts of Gian Singh were being done with the help of the local police, the petitioner met the Deputy Commissioner, but the latter refused to interfere in the matter. The petitioner then went to the police station and got a case registered under Section 448, Indian Penal Code, against Shrimati Surjit Kaur and others Since the petitioner had no faith in the police, he also filed a complaint in the Court of the Cheif Judicial Magistrate, Gurdaspur, under Sections 448, 504, 342 and 506, Indian Penal Code on 21st September, 1966.;