KANS DASS Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The writ petition is filed at the instance of persons in possession of a building adjoining a historical place known as Ram Tirath within District Amritsar. The petitioners' contention was that the predecessors of the petitioners were residing near the temple and the place where they were residing is known as Abadi Ram Tirath. The pucca construction had been made for the residents to maintain their families. The petitioners would identify the construction as having been built in Khasra No. 80 measuring 18 kanals 18 marlas and in the jamabandi it is shown that the petitioners were in possession of land bearing Khasra No. 79-80.

(2.) The petitioners claim that a panchayat was immediately convened on the complaint against the third respondent under whose direct supervision, demolition had been made and the panchayat passed a resolution condemning the act. The petitioners were claiming that they had made representations on 25.5.2000 and 3.3.2000 to the executive heads of the State complaining against the 3rd respondent. The State responded by suspension of the S.D.M. and paid Rs. 50,000/- as interim compensation for the damage caused to their building. Copies of the cheques paid to the petitioners are also annexed along with the petition. The petitioners would also state that an amount of Rs. 10,000/- was given to daughter of Ram Lubhaya whose marriage was to be performed but all the gift articles collected to be given at the time of marriage were also damaged by the act of the 3rd respondent. The petitioners would contend that the 3rd respondent had committed serious offences of criminal trespass and indulged in acts that were liable for punishment under Sections 427, 447 and 506 IPC.

(3.) The prayer in the writ petition is for a direction to the Ist respondent, namely, State of Punjab through the Secretary Home Affairs to take disciplinary action against 3rd respondent, SDM. Ajnala, who is identified by name Sh. J.P. Singh and to pay compensation for the loss caused by the third respondent.