GUDDIE MADANJIT ACHREJA Vs. UNION OF INDIA

JUDGEMENT

(1.) GUDDIE Madanjit Achreja has filed the present writ petition seeking quashing of the order dated 21.5.2004, Annexure P-3, by which possession of the sealed portion of House No. 311, Sector 9-D, Chandigarh has been ordered to be handed over to M.S. Walia-respondent No. 3 by the Special Court, C.B.I., Chandigarh.

(2.) ACCORDING to the petitioner, late Sh. Hukam Singh, grand father of the petitioner's first husband late Sh. B.S. Achreja had purchased a plot in the name of his son Sh. Harkishan Singh for a sum of Rs. 7038.56 paise, which was adjusted towards the claim of Sh. Hukam Singh for various properties which belonged to him in Pakistan and as such the plot became a coparcenary property and after the death of Sh. Hukam Singh devolved upon Sh. Harkishan Singh Achreja and his two sons, namely, late Sh. B.S. Achreja and Sh. N.S. Achreja. Sh. Harkishan Singh died on 12.9.1977 and as the property became HUF property, and was shown as such in the Income Tax Returns and the Estate Duty Returns that were filed by Smt. Inderjit Achreja as the Manager. Petitioner started residing in the said property in the year 1979 after her marriage with Capt. B.S. Achreja, which was dissolved through a decree of mutual consent. The share of her husband came to the lot of the petitioner and her son Inder Vikram Singh on the basis of mutual agreement of relinquishment of the right executed between the petitioner and her former husband. Petitioner further stated that taking advantage of the disputes in the family and being well aware of the fact that no partition had taken place, papers were got prepared in relation to the property for transfer of the undivided share of Sh. N.S. Achreja in the name of Dr. Harinder Pal Singh. This transaction according to the petitioner was void as it did not have the consent of all the co-sharers.

(3.) ON 26.7.2004 at about 4.30 P.M., respondent No. 3 along with an officer of the C.B.I. visited the house of the petitioner and asserted that Sh. R.S. Baswana, Special Judge, C.B.I. Court, Chandigarh had passed an order directing the handing over the portion of House No. 311, Sector 9-D, Chandigarh to Sh. M.S. Walia. As the petitioner had a genuine grievance against handing over the property, she brought it to the notice of the officer, who had come for the purpose of handing over possession that if the property is handed over to an alien, she would not be able to live peacefully. She also apprised him of the apprehension that her life and limb would be at risk because Sh. M.S. Walia holds her responsible for disclosing his misdeeds to the authorities concerned which disclosures have led to his dismissal from service. She has also averred in the petition that her petition for partition of the property has been declined on the ground that petitioner being wife could not claim partition of the joint property. This order had been appealed against. In view of these circumstances, petitioner asserted that a 3rd person cannot be put into possession of an undivided share in the joint family property. She has further asserted that the suit for partition and permanent injunction filed by the sister-in-law of the petitioner Mrs. Neena Sahi is still pending. She has further averred that respondents No. 3 to 5 had moved an application before the Special Judge, C.B.I. Court, Chandigarh without apparently disclosing the pendency of civil litigation between the parties in which the relief of possession by way of interim measure has been declined to respondent No. 5 - Dr. Harinder Pal Singh. In these circumstances, it was averred that the order of the Special Judge, C.B.I. Court, Chandigarh ordering handing over the property to Sh. M.S. Walia was arbitrary and without jurisdiction on the ground that :-