BHOLA SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THE petitioners have approached this Court, through the instant petition, invoking its inherent jurisdiction under Section 482 Cr.P.C. seeking directions against the official respondents for conducting enquiry regarding the illegal activities of the private respondents. Notice of motion was issued.

(2.) REPLY, by way of affidavit of V.N.Zade, IAS, Deputy Commissioner, Barnala, had already been filed. Along with the reply, the Deputy Commissioner, Barnala had attached a detailed enquiry report dated 23.12.2011 conducted by Additional Deputy Commissioner, Barnala as Annexure R-1/T. The relevant part of the report reads as under: After perusing the record and statements came on the file, it has been found that according to revenue record the demarcation of Janda Path at khasra No.1842(15-3), 2217(3-5), 2235(1-7), 2306(6-16), 2307 (5-15) total 33 kanal 4 marla was already conducted on 18.12.2010 by filed kanungo Rureke Kalan. This path Criminal Misc.M-No.33754 of 2011(O & M) 2 is about 35 acre long from the village. At the time of demarcation, many other owners along with petitioner were in illegal possession over this path. On the area where there was no crop, the concerned owners had vacated the area at the spot. The petitioner had given his consent at Panchayat level to vacate the illegal possession after the wheat crop, but has not do so and again sown paddy crop. Because the owners of the far away filed while facing difficulty to approach their fields, have approached Block Development and Panchayat Officer, Barnala. The Block Development and Panchayat Officer, Barnala vide his letter No.1532 dated 5.9.2011 in the public interest and to keep the law and order has demanded for police help and after obtaining the police help from this office vide letter No. 4018/Peshi dated 8.9.2011, on 3.10.2011 for removing the illegal possession from path, both the parties have been made understand, then the petitioner in the gathering had gave his consent to make complete the path according to demarcation and the village people completed the path at the spot and after instructing not to quarrel to any of the party, all the employees/officers of the departments came back.

(3.) THE Senior Superintendent of Police, Barnala Ms.Dhanpreet Kaur, IPS, has also filed her affidavit dated 03.01.2012 and relevant part thereof reads as under: