MANGAT RAM Vs. STATE OF HARYANA

JUDGEMENT

(1.) PETITIONERS Mangat Ram and others have directed the present petition under Section 482 of the Code of Criminal Procedure ( in short the Cr.P.C.) for quashing the impugned orders dated 29.01.2014 (Annexure P -3) passed by learned Additional Sessions Judge, Panipat and dated 21.12.2010 (Annexure P -2) passed by learned Sub Divisional Magistrate, Panipat and to issue directions to the respondent No.3 ( receiver) and respondent No.5 to hand over the possession of land taken from the petitioners at the time of attachment along with all the benefits from the date of attachment till handing over the possession of the same.

(2.) THE facts of the present case in brief are that Station House Officer, Police Station Ishrana presented a Kalandra dated 18.06.1996 under Section 145 of the Cr.P.C. alleging that the land measuring 35 acres, 1 kanal and 6 marlas belonged to Jumla Malkan cultivated by petitioner No.2 and some other persons. In the year 1991 -92 Government of Haryana had given the Jumla Malkan land, Panipat to Gram Panchayat, which is in dispute. The land in dispute remained under the Gram Panchayat till 1994 and mutation and Gridawari came into the name of panchayat and the Gram Panchcyat used to give this land on patta in the auction. Against this order of Haryana Government, ex -cultivators of the land filed a petition before this Court and this Court decided the mater in favour of Jumla Malkan namely Jile Singh and Karan Singh etc. Petitioner No.2 obtained a stay order from Panipat Court on the auction by Gram Panchayat in respect of the suit land after the decision of the court and some cultivators also got injunction order against the shares of Jumla Malkan not to interfere in the suit land, therefore, the persons could cultivate the Jumla Malkan land under his possession. Inhabitants of the village had objected and shown their rights in the Jumla Malkan land which could not be allowed to cultivate by petitioners on which there was apprehension of breach of peace. Therefore through Kalandra dated 18.06.1996 the Jumla Malkan land was taken into possession under Section 145 of the Cr.P.C. and for passing of further appropriate orders.

(3.) IT is further alleged that after receiving the Kalandra dated 18.06.1996, District Development and Panchayat Officer, Panipat initially passed order dated 25.7.1996 and appointed BDPO Ishrana as receiver after attaching the land under Section 146 of the Cr.P.C.