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HAZOOR NATH CHELA BABA GIAN CHAND versus BABA PURAN NATH & ORS.

High Court of Punjab and Haryana, Chandigarh

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Hazoor Nath Chela Baba Gian Chand v. Baba Puran Nath & Ors. - CRM-12337-M-2003 [2007] RD-P&H 772 (22 January 2007)

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

Crl.Misc. No.12337-M of 2003

Date of Decision:- 15.1.2007

Hazoor Nath Chela Baba Gian Chand ....Petitioner(s) through

Mr.B.P.S.Virk, Advocate.

vs.

Baba Puran Nath & ors. ....Respondent(s) through

Mr.M.S.Gill, Advocate.

***

CORAM:-HON'BLE MR.JUSTICE SURYA KANT.
***

SURYA KANT, J.

This petition under Section 482 Cr.P.C. is directed against the order dated 24.4.2001 (Annexure P-1) passed by the Judicial Magistrate, Ist Class, Amritsar whereby the respondents-accused were discharged in a criminal complaint under Sections 447/427/506/34 IPC and 25/54/59 of the Arms Act, as also against the order dated 26.10.2002 passed by the learned Additional Sessions Judge, Amritsar (Annexure P-2) affirming the aforementioned order passed by the learned Judicial Magistrate.

The dispute pertains to ownership and possessory rights in respect of land measuring 47 kanals 7 marlas situated within the revenue estate of village Mang, Tehsil Ajnala, District Amritsar. The petitioner as well as the respondents, who claim to have renounced the world and have become Sadhus, are fighting over the ownership and possession of the subject land which was earlier in possession of Baba Gian Nath. Both the parties assert themselves to be Chelas of that Baba Gian Nath.

The petitioner filed the criminal complaint, inter alia, alleging that he was in possession of the subject land and that not only the revenue record supported his claim but respondent No.1, had also admitted the same as he had filed a suit for possession against the petitioner in respect of the same land. However, the petitioner is alleged to have been forcibly dispossessed by the respondents who were alleged to have criminally tress- passed into the said land, which prompted the petitioner to file the present complaint.

On a consideration of the evidence on record, both the Courts below have found that the Assistant Collector, Ist Grade (Tehsildar), after visiting the subject land and having found that the respondents were in possession thereof carried out necessary correction in the revenue record and changed the entries in Khasra Girdawaries. The Courts below have further held that the respondents were in possession of the subject land even prior to the alleged occurrence. The petitioner's own admission that after the year 1987 he had gone to Dera Mallawala, has also been rightly relied upon against him.

As the petitioner failed to prove the charges against the respondents beyond reasonable doubts, no interference is called for by this Court in exercise of its revisional jurisdiction.

Consequently, I do not find any merit in this revision petition which is accordingly dismissed. However, it shall not preclude the petitioner from initiating an appropriate action under the Civil law to establish his ownership and/or possessory rights in respect of the subject land, if so advised.

January 15, 2007 ( SURYA KANT )

poonam JUDGE


Copyright

Reproduced in accordance with s52(q) of the Copyright Act 1957 (India) from judis.nic.in, indiacode.nic.in and other Indian High Court Websites

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