GOBIND SINGH Vs. JAGTAR SINGH

JUDGEMENT

(1.) POLICE Station Sadar, Fazilka, filed a Kalandra under Section 145 Cr. P.C. with regard to the area No. 30 Killa No. 30 Killa No. ( - sic -) and 30 -M Killa No. 25/2(1 -0) (hereinafter referred to as the disputed land) before the Executive Magistrate Fazilka. Petitioners herein namely Gobind Singh, Baldev Singh and Raj Kumar (all sons of Nand Singh) were arraigned as one party, while Jagtar Singh, the respondent was arraigned as the other party. The Executive Magistrate summoned both parties to put in their claims regarding possession. The order of the Executive Magistrate shows that they were directed to produce proof regarding possession. Jagtar Singh filed a copy of the order dated 31 -7 -1992 passed by the Collector, Fazilka, rejecting the claim of Nand Singh (the father of the petitioners herein) for setting aside the correction of the Khasra girdwaries made in favour of Jagtar Singh also. Jagtar Singh produced a copy of the order dated 25.10.1991 passed by the Assistant Collector 1st Grade regarding mutation, and the copy of the order passed by the Collector, rejecting the appeal. As against this, the order passed by the Sub -Judge, Fazilka dated 27.8.1991 whereby both the parties were directed to remain in the land under their possession, another order dated 13.2.1991 passed by Sub -Judge, Fazilka, showing that the suit filed by Jagtar Singh was dismissed as withdrawn, and a copy of another order dated 11.12.1992 passed by Sub -Judge 1st Class, by which the application for interim injunction under Order 39 Rules 1 and 2 of the Code of Civil Procedure filed by Jagtar Singh, was dismissed, vacating the ad interim injunction were produced. Jagtar Singh produced an agreement dated 30.1.1998 by which he agreed to pursuant the disputed land and claimed that he was given possession under the document. The Executive Magistrate also made a personal inspection of the disputed land in the presence of both the parties, enquired certain persons including the Sarpanch and a member of the Panchayat, and ultimately came to the conclusion that Jagtar Singh is in possession of the disputed land and ordered that he shall remain in possession of the disputed land till he is dispossessed in accordance with law. This order of the Executive Magistrate, Fazilka is annexure P -5 dated 3.5.1994. As against this, the petitioners herein, filed a revision before the Additional Sessions Judge, Fazilka who by his order (annexure P -6) dated 21.11.1995, dismissed the revision.

(2.) THE petitioners have, therefore, come forward with this petition under Section 482 Cr. P.C. for quashing the order of the Executive Magistrate (annexure P -5) and the order of the Additional Sessions Judge in revision (annexure P6). The contention of the petitioners is that the documents produced by the petitioners herein proved beyond doubt that the petitioners are in possession and have raised the crop. According to the petitioner, the Executive Magistrate, and the Sessions Court did not take into consideration the orders passed by the Sub -Judge, Fazilka in the civil suit and also the order of the District Judge, Ferozepur, in appeal. The petitioners contend that since a civil suit is pending between the parties with regard to the same lands and since the petitioners are in possession, these Courts should have decided the matter keeping in view the orders of the Civil Courts. Petitioners contend that the alleged spot inspection by the Executive Magistrate will have no relevancy in view of the orders of the Civil Court.

(3.) I have heard the counsel for both the sides.