JAGIR SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) This Criminal Misc. is directed against the order of the learned Additional Sessions Judge, Jagadhari, dated 12th of July, 1995. Vide this order, the learned Additional Sessions Judge dismissed the Revision Petition filed by the petitioner against the order of the learned Executive Magistrate, Jagadhari dated 27th of March, 1995.

(2.) The facts as stated in the petition are that the petitioner purchased the land in an auction from the Rehabilitation Department for Rs. 24,100/- on 23rd of July, 1991. This auction was challenged by respondent No. 3 before the Additional Settlement Officer who dismissed the appeal on 28th of October, 1991. Aggrieved by this order, respondent No. 3 filed a revision petition before the competent authority which also came to be dismissed vide order dated 24th of March, 1992. Assailing this order in a writ petition before this Court, the petitioner assailed that the orders passed by the authorities concerned were not justifiable and respondent No. 3 was the owner of the land. Respondent No. 3 filed a suit for injunction which was decreed in his favour but the learned trial Court held that respondent No. 3 was not the owner of the land in question. This order was passed on 16th of October, 1994. The respondent filed a review petition which was dismissed on 6th of January, 1992. Respondent No. 3 filed a writ petition which was also dismissed by the Court vide order dated 12th of August, 1992. The petitioner claims that he was given the possession on 6th of August, 1993. Respondent No. 3 again filed a suit and an interim injunction was passed in favour of the said respondent on 4th of October, 1994. This order of injunction in favour of the respondent was assailed by the petitioner before the learned Additional District Judge, who modified the order of the Trial Court and ordered that the status quo be maintained during the pendency of the suit.

(3.) The case of the petitioner further is that respondent No. 3 in connivance with the police city, Yamuna Nagar, got a calendera report initiated under Section 145 of the Code of Criminal Procedure on 25th of November, 1994. On the basis of the calendera, the learned Executive Magistrate appointed Block Development and Panchayat Officer, Radaur as a receiver to look after the interest of the land and to avoid breach of peace. This order was passed by him on 27th of March, 1995. The petitioner preferred a revision against the order dated 27th of March, 1995 which was dismissed by the learned Additional Sessions Judge, Jagadhari vide his order dated 12th of July, 1995, the impugned order.