ANGOORI DEVI Vs. DEPUTY COMMISSIONER SOUTH WEST DISTT

JUDGEMENT

(1.) The petitioner is aggrieved by the order dated 13th May, 2010 of the respondent no.2 (Tehsildar, Tehsil Palam, District-South West) recording Dhaincha crop in Kharif and production of honey in Rabi 2010 seasons with respect to the subject land in the name of the respondents no.5 to 11. It is the case of the petitioner that it is in fact she who is in possession of the said land and recorded so by the Patwari in the Khasra Girdawari from Kharif 2004 to Rabi 2009 and continues to be in possession of the said land. The petitioner has preferred appeal against the order aforesaid of the Tehsildar to the Deputy Commissioner (respondent no.1) and which appeal is stated to be listed next on 13th October, 2010. It is further the case of the petitioner that in the said appeal she has made an application to restrain the respondents no.5 to 11 from taking possession of the said land but the Deputy Commissioner in the order dated 22nd June, 2010 has erroneously recorded that "no issue regarding any forcible eviction was raised". It is further the case of the petitioner that in a civil suit instituted by her against respondents no.5 to 11, the said respondents by an interim order dated 30th March, 2009 of the Court of the Civil Judge and which order is stated to be still in force, have already been restrained form forcibly evicting the petitioner from the said land.

(2.) The petitioner has filed the present writ petition claiming the following reliefs :-

(3.) As aforesaid, there is already an order of the Civil Court protecting the petitioner against forcible dispossession. If at all the petitioner is aggrieved by any misrecording in the order of the Deputy Commissioner in the appeal aforesaid preferred by the petitioner, it is open to the petitioner to approach the Deputy Commissioner in this regard.