JHABAR SINGH Vs. STATE

JUDGEMENT

(1.) It appears that on 19th December, 1978 the present petitioner filed a civil suit for permanent injunction against the respondents claiming himself to be in possession of plot No.41 measuring 650 square yards in the Laldora in Village Shaipur within the jurisdiction of Police Station Shalimar Garden. The petitioner claimed therein to be in possession of the said plot of land. He obtained an ex parte injunction order against the respondents and later on the suit was decreed in his favour. This was on 30th September, 1989. However, after the decree a Kalandara was filed. To be precise, this was on 11th December, 1989. It was alleged therein that the present petitioner had taken forcible possession of the plot in question and that there was imminent apprehension of breach of peace. Consequent thereupon orders were passed by the learned Sub-Divisional Magistrate under Sub-section (1) of Section 145 and Sub-section (1) of Section 146 of the Code of Criminal Procedure. Consequent upon these orders the property was sealed. Aggrieved by the orders the petitioner moved the present petition and on 18th August, 1994 the proceedings before the Sub-Divisional Magistrate were stayed.

(2.) The learned Counsel for the petitioner has submitted that the police authorities have joined hands with the respondents and that despite the decree passed by the Civil Court adjudicating the petitioner to be in possession of the plot in question and directing the respondents by way of permanent injunction not to interfere with the petitioner's possession the Kalandara had been filed and the Sub-Divisional Magistrate, ignoring the decree of the Civil Court had proceeded to pass order sealing the property.

(3.) As per the learned Counsel for the petitioner the Sub-Divisional Magistrate ought to have dropped the proceedings forthwith in view of the decree passed by the Civil Court and in view also of the fact that the petitioner had been declared to be in possession of the suit property, not only in the civil suit but also in the judgment passed by a Criminal Court against respondent No.3 in FIR No.79 of 1979 pertaining to Police Station, Adarsh Nagar.