KARAM SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) KARAM Singh and four others have filed this writ petition under Art. 226 of the Constitution praying that by issuing a writ of mandamus, certiorari or any other appropriate writ, order or direction the respondents may be restrained from dispossessing the petitioners from the plot of land in question and they may further be directed not to dismantle their stalls standing on the disputed land.

(2.) LEARNED counsel for the petitioners at the very outset urged that this petition may be treated on behalf of only one petitioner, namely, Karam Singh and the names of rest of the petitioners may be struck off from the array of petitioners.

(3.) IN similar circumstances, the Punjab High Court in States of Patiala and E. P. States Union, Patiala vs. Mohinder Singh, Natha Singh (1) has held that the general purpose of the law is that regardless of the actual condition of the title to, or the right of possession of the property, the party actually in peaceable and quiet possession shall not be turned out by strong hand, violence or terror. There is no provision of law which empowers a State Government by force or show of force to evict a person who is in actual possession of immovable property. If the State Government were of the opinion that the State had the superior title or the better right to possession it is open to them to bring an appropriate action against him and to secure his eviction in accordance with the provisions of law.