BALWANT SINGH Vs. FINANCIAL COMMISSIONER

JUDGEMENT

(1.) This writ petition has been filed by Balwant Singh, challenging the orders, copies Annexures P. 1 to P. 4, on the grounds :

(2.) Kabal Singh respondent filed his affidavit by way of return and pleaded that Balwant Singh petitioner, had tried to take forcible possession of the land in dispute on April, 1973, that he lodged First Information Report No. 5 dated 1.4.1973, in Police Station Jagraon, District Ludhiana, but as the petitioner is highly influential Akali, no action was taken against him, that faced with the situation, they filed a suit for possession in the Court of Sub-Judge, Jagraon on April 2, 1973, and also filed an application for injunction for restraining the petitioner from raising any construction on the plot in dispute, that interim injunction was granted and that ultimately the parties were directed to maintain status quo and the petitioner was restrained from raising any construction.

(3.) Kabal Singh respondent denied the possession of the petitioner over the site in dispute for the last 16/17 years. According to him, the petitioner had taken forcible possession of the land and had raised a temporary kotha but he does not reside there. He further pleaded that the plot in dispute had been rightly allotted to their father Karam Singh and that the petitioner had not produced any press-note on the basis of which he claimed his right over the said plot.