BACHAN SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) PETITIONER Bachan Singh has filed this petition against State of Punjab under Section 482 Cr.P.C. for quashing of FIR No.400 dated 17.10.1999 under Sections 13 -A, 13 -A(3) of the Punjab Village Common Lands (Regulations) Act, 1961 [for brevity 'the Act'] registered at Police Station Samana, District Patiala.

(2.) IT is mainly stated in the petition that petitioner is a right holder of village Dhainthal, Tehsil Samana, District Patiala and case under Sections 13 -A and 13 -A (3) of the Act, 1961 has been registered against the petitioner at Police Station Samana, District Patiala on the ground that the petitioner had taken the land on lease for the year 1996 -1997 and after expiry of the lease period the petitioner has not handed over possession of the land to the Gram Panchayat.

(3.) THE FIR has been registered on the basis of the application of the Block Development and Panchayat Officer dated 14.10.1999 addressed to Sub Divisional Magistrate, Samana. It is also stated in the petition that according to Section 13 -A of the Act, no person is entitled to enter into possession of any land which was vested or deemed to have been vested in a Panchayat under this Act or have lawfully entered into possession of such land, unlawfully remains in possession thereof after expiry of term of lawful possession. The sentence provided is imprisonment upto two years or fine which may extend to Rs. 1000/ - or both. It is further stated in the petition that Section 13 -A of the Act applies only to the land which has been vested in the Gram Panchayat under the provisions of the Act. It is also stated in the petition that right holders of village Dhainthal approached the court of Director, Consolidation, Punjab under Section 42 of the East Punjab Holdings (Consolidation and Prevention of Fragmentation) Act, 1948. The petition of the right holders was accepted vide order dated 23.09.1996. It has been held by the Director, Consolidation, Punjab that the land is not shamlat deh as defined in the Act and therefore, Panchayat is not owner of the land. It is further stated in the petition that Gram Panchayat, Dhainthal filed civil writ petition, which is pending in this Hon'ble Court. The Consolidation Officer, Mohali vide order dated 04.09.1998 partitioned the land which is alleged to have been belonged to the Gram Panchayat. It is also stated in the petition that Gram Panchayat filed petition under Section 42 of the 1948 Act against the order dated 04.09.1998 of the Consolidation Officer, Mohali. The Addl. Director, Consolidation has set aside the order of the Consolidation Officer, Mohali vide order dated 08.09.1999. The order of the Addl. Director, Consolidation, Punjab has been challenged by the right holders including the petitioner in civil writ petition and the impugned order has been stayed by this Court. It is further stated in the petition that it is clear from the above that the dispute is of civil nature. After 15.05.1997, the petitioner as well as other right holders are in possession of the land in view of the stay order granted by this Court. It is also stated in the petition that Block Development and Panchayat Officer, Samana has concealed the order dated 15.05.1997 passed by this Court when he wrote application to the Sub Divisional Magistrate, Samana on 14.10.1999. It is further stated in the petition that FIR registered against the petitioner is liable to be quashed because it is an abuse of process of the Court.