LAWS(P&H)-2015-8-521

NEHA CHAUDHARY Vs. STATE OF HARYANA AND OTHERS

Decided On August 12, 2015
NEHA CHAUDHARY Appellant
V/S
State Of Haryana And Others Respondents

JUDGEMENT

(1.) Prayer in this petition filed under Section 482 Cr.P.C. is for quashing the order dated 10.11.2010 (Annexure P2), whereby on an application moved by respondent no.4 namely Madan Mohan Hudia, the Sub Divisional Magistrate, Panipat has ordered eviction of the petitioner namely Neha Chaudhary from house No.57-A, Hari Bagh, Bhatia Colony, Panipat in her possession. The aforesaid order dated 10.11.2010 reads as under:-

(2.) Further challenge has been laid to an inter se communication dated 18.01.2011 (Annexure P1), whereby the Sub Divisional Magistrate, Panipat, respondent no.3, has written to Deputy Commissioner, Panipat to appoint some Duty Magistrate for vacation of the house from the petitioner.

(3.) It is argued that the orders dated 10.11.2010 (Annexure P2) and 18.01.2011 (Annexure P1) passed by Sub Divisional Magistrate, Panipat i.e. respondent no.3, are not only illegal and without jurisdiction, rather the same have caused irreparable injury to the petitioner and thus, the same cannot sustain to the scrutiny of law, particularly when the parties are agitating under the Civil Law, including the said Regular Second Appeal pending before this Court, which is fixed for 1.9.2015.