DEVENDER MISHRA Vs. HARDAYAL SINGH MANN AND OTHERS

JUDGEMENT

(1.) VIDE order dated February 21, 2011, a direction was issued by a Coordinate Bench of this Court to the Commissioner, Patiala Division to constitute an Inquiry Committee comprising officers posted outside District Patiala for a fact finding inquiry to determine the allegations of the petitioner that he was being ousted in an unauthorized manner from the premises of Shiv Mandir in Village Kehri Gujran, near Officers Colony, Patiala. Aggrieved by the non -compliance of the order, the petitioner filed a contempt petition No. 1614 of 2011 in which a report regarding the status of the inquiry was directed to be placed on record on May 3, 2012. It appears that the matter having been compromised vide annexure P -8, the petitioner had withdrawn the contempt petition.

(2.) THE present contempt petition has been filed complaining about interference by the private respondents.

(3.) THE private respondents seem to be having a controversy with the petitioner. The remedy available with the petitioner is to protect his possession and restrain anyone from dispossessing him in an illegal manner by establishing that he has got a better possessory title and right to remain in possession and enjoy uninterrupted possession of the portion in his occupation in the Shiv Mandir aforesaid. The circumstances do not warrant initiation of contempt proceedings against the respondents at this stage as the SSP, Patiala has already been directed to provide adequate security to the petitioner and his family and the temple properties vide order dated February 21, 2011 which has been made absolute vide order dated March 17, 2011. Relegating the petitioner to avail any other alternative remedy available to him, this petition is disposed of as not maintainable. In case any of the private respondents violates the terms of compromise annexure P -8, it will be open to the petitioner to seek the performance of the acts compromised by the private respondents.