HARBHAJAN RAM Vs. UNION OF INDIA & OTHERS

JUDGEMENT

(1.) The petitioner has moved an application for allotment of land comprising in Khasra No.234/1/3 (0 kanal 7 marlas), Khewat No.258, Khatoni No.296, situated in village Todarpur, Tehsil Garhshankar, District Hoshiarpur under the Punjab Package Deals Properties (Disposal) Rules, 1976 (for short "1976 Rules"). The petitioner claims to be in possession of the land from more than 100 years and has constructed a cattle shed, room and other necessary construction. The petitioner claims to be using this land for storing fodder for the cattle. The petitioner has also filed a representation that the land is adjoining his house and is within the area of a village. Respondent No.3 ordered respondent No.4 to consider the application. The petitioner has also filed a civil suit for permanent injunction against respondent No.5 as he was interfering in his peaceful possession. Now the petitioner has come to know that respondent No.2 has passed an order for converting this land into Anganwari Centre. The petitioner has accordingly filed this writ petition to issue direction to the respondents to allot this land on a restricted price under 1976 Rules and to direct respondent Nos.2 to 6 not to interfere in his peaceful possession.

(2.) The petitioner has already filed a civil suit where he can claim the relief for protecting his possession. In fact, the petitioner has filed a suit for grant of injunction for the same very purpose. Whether the petitioner would have a right to get this land allotted under the 1976 Rules would be an issue, which would not be amenable to writ jurisdiction. I am, therefore, not inclined to interfere in exercise of writ jurisdiction.