JAI SINGH AND OTHERS Vs. STATE OF PUNJAB

JUDGEMENT

(1.) This is a petition under Section 482 of the Code of Criminal Procedure,1973 (for short, 'the Cr.P.C.') for quahsing F.I.R.No.75 dated 25.6.2008 registered against the petitioners under Sections 420, 120-B of the Indian Penal Code,1860 at Police Station, Dera Bassi, District S.A.S. Nagar (Mohali). Learned counsel for the petitioners contended that a Division Bench of this Court disposed of six writ petitions vide judgment dated 23.10.2008 (Annexure P5) and the following directions were given:- Crl.Misc.Petition No.M-33802 of 2009 "1. The Deputy Commissioner, S.A.S. Nagar, shall expeditiously examine and determine the total extent of village Panchayat/ Shamlat land in village Bhankerpur.

(2.) Upon determination of the said question based on revenue records available to the Deputy Commissioner, he shall have appropriate proceedings under section 7 of the Punjab Village Common Lands (Regulation) Act,1961, initiated against those, in unauthorised occupation of any part of the land. These proceedings shall be in addition to the proceedings, already instituted against other occupants under Section 7, to which the Deputy Commissioner has referred in the affidavit, filed in this Court.

(3.) The petitioners in writ petitions No. 7139 of 2006 and 5489 of 2007 shall be free to apply to the Collector (Common Land), S.A.S.Nagar, under Section 11 for determination of any right, title or interest in any part of the land found to be village Panchayat/ Shamlat land by the Deputy Commissioner. If such an application is moved within two months from today, the interim directions regarding maintenance of status quo as regards nature, title and possession of the land in question shall continue till such time the entire controversy is resolved by the competent authority in accordance with law. Crl.Misc.Petition No.M-33802 of 2009 All pending applications shall also stand disposed of in terms of the above order. The parties to bear their own costs."