KRISHAN LAL Vs. PARMANAND AND OTHERS

JUDGEMENT

(1.) The petitioner is aggrieved by the judgment of learned Ist Appellate Court dated 18.10.2014 (Annexure P-9), reversing the order of trial Court which has granted ad interim injunction on application under Order 39 Rules 1 and 2 of the Code of Civil Procedure (CPC), 1908.

(2.) The dispute basically pertains to the passage existing in Khasra No. 80/2. Earlier respondent No. 1-Parmanand filed a petition under Section 7 of the Punjab Village Common Land Act, 1961 (for short 'the Act of 1961') for ejectment of the petitioner who had made encroachment on the passage. Those proceedings were filed in the year 1996 and finalized up to the revision. The order of the Commissioner, Gurgaon, dismissing the revision is dated 17.9.1998. Respondent No. 1 filed an execution and affidavits of the Sarpanch of Gram Panchayat of two villages Sherpur and Haqdarpur were filed stating therein that petitioner has handed over the possession of disputed land to Gram Panchayat, Sherpur. Respondent No. 1, however, initiated the contempt proceedings in which the petitioner pleaded that there was no encroachment over the passage existing in Khasra No. 80/2. That petition was dismissed by the Assistant Collector Ist Grade, on 14.8.2000. Respondent No. 1 was not satisfied with the said order and filed a third round of litigation i.e. a writ petition before this Court without disclosing the fact that contempt petition already stood dismissed. This Court had directed the State to remove the unauthorized possession of the petitioner over the disputed land vide order dated 23.4.2012. However, respondent No. 2-Block Development and Panchayat Officer, Tehsil Pataudi, District Gurgaon, (hereinafter referred to 'BD&PO') without taking into consideration the facts and circumstances of the case and without affording an opportunity of hearing issued a notice dated 6.9.2012 to the petitioner directing him to vacate the passage within 7 days and for noncompliance to seek police help for obtaining possession of the said passage.

(3.) I have heard learned counsel for the petitioner and perused the impugned orders as well as the paper-book.