RAJINDER KUMAR Vs. HARYANA STATE THROUGH COLLECTOR, HISSAR

JUDGEMENT

(1.) I have carefully gone through the facts of the case and the judgments of the Courts below, and, particularly that of the Additional Senior Sub Judge, Hissar, which is detailed one.

(2.) ADMITTEDLY the site in dispute on which a temporary Khokha (Kiosk), is set up belongs to the State of Haryana. When the State started proceedings to remove the temporary Khokha from the site in dispute, Rulia Ram father of the petitioner filed a civil suit to claim possession of the premises and sought temporary injunction but ultimately the injunction was vacated and when he failed in appellate Court also in getting the injunction, he got the suit dismissed on January 9, 1989.

(3.) ON a consideration of the matter, I am in agreement with the Courts below that the plaintiff has no case. In fact the proceedings are an abuse of process of Court. The setting up of a temporary Khokha does not amount to possession of the site underneath so as force the State Government to take proceedings under the Public Premises Act.