AVTAR SINGH Vs. STATE OF PUNJAB AND ANOTHER

JUDGEMENT

(1.) The above mentioned two appeals, challenging the same order i.e. order dated 17.7.2014 passed by a Single Bench of this Court in CRWP No. 834 of 2013 titled as Balwant Singh vs. State of Punjab, shall stand disposed off vide this judgement. Vide impugned order, the learned Single Bench, apart from ordering registration of FIR against SHO Sukhwinder Singh and ASI Avtar Singh, also directed that the matter be placed before Hon'ble the Chief Justice for seeking appropriate orders for initiating contempt proceedings.

(2.) The facts leading to passing of the impugned order are that learned Rent Controller, Hoshiarpur in Ejectment Petition titled as Gurwinder Singh vs. Mohan Lal ordered ejectment of tenant Mohan Lal vide order dated 23.12.2006. The said order was upheld by the Appellate Court vide judgment dated 27.2.2013 and thereafter warrants of possession were issued by the learned Rent Controller in an execution application filed by the landlord.

(3.) On 9.4.2013, the Bailiff Dev Raj along with two officials visited the premises for execution of warrants of possession and for delivery of physical possession of the premises to landlord Gurwinder Singh. While the Bailiff was in process of getting the premises vacated, he was obstructed by police officials. The decree holder (through his father Balwant Singh) immediately made a written complaint to Rent Controller, Hoshiarpur, on 9.4.2013 itself, who inquired into the matter and vide report dated 2.9.2013 held that SHO Sukhwinder Singh and ASI Avtar Singh had caused hinderance in execution of Court orders. The said report was forwarded by learned District & Sessions Judge, Hoshiarpur to the Registrar (Vigilance), Punjab and Haryana High Court.