DEVINDER MOHAN ZAKHMI Vs. AMRITSAR IMPROVEMENT TRUST AMRITSAR

JUDGEMENT

(1.) Petitioner, Devinder Mohan -akhmi, seeks quashing of order dated 2-4-2002 (Annexure P-4) passed by Civil Judge (Junior Division), Amritsar, on an application filed by him under Section 340 of the Code of Criminal Procedure (hereinafter referred to as the Code).

(2.) The facts have to be noticed briefly in order to focus the controversy raised in the present petition.

(3.) Petitioner had filed suit for mandatory injunction seeking directions against the Amritsar Improvement Trust, Amritsar, through its Chairman (respondent No. 1) and others to allot alternative plot in lieu of plot No. 2564 which was earlier allotted to the petitioner on 16-9-1997 in pursuance to the order passed by this Court as the plot so allotted, was located in a low lying area and it was not possible for the petitioner to carry out any construction on the same. It was also alleged by the petitioner in the suit that a number of other vacant plots were available with the respondent - Improvement Trust at Ranjit Avenue, Amritsar but in the reply filed by respondent No. 1, controverting the stand of the petitioner, the availability of plots was denied.