Punjab-Haryana High Court
Rajinder Kumar @ Rajinder Rawat vs Union Territory on 28 July, 2011
Author: Rajesh Bindal
Bench: Rajesh Bindal
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
Crl. Misc. No.M-21937 of 2011(O&M)
Date of Decision : 28.07.2011
Rajinder Kumar @ Rajinder Rawat ... Petitioner
versus
Union Territory, Chandigarh ... Respondent
CORAM: HON'BLE MR. JUSTICE RAJESH BINDAL
Present: Mr. Rajesh Garg, Advocate for the petitioner.
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Rajesh Bindal, J The petitioner is an accused in the FIR No.141 dated 29.06.2011 registered on the complaint of the Assistant Labour Commissioner, Jammu & Kashmir pertaining to the trespass of the house, which is owned by the Chandigarh Administration but was given to Jammu & Kashmir Government for use as night shelter for migrating labour from Jammu & Kashmir. Person who was originally living in the house namely Baldev Singh had entered into an agreement with the petitioner and handed over the possession of the house in question to the petitioner. The house in question is one of many other houses located there which were allotted for the use as night shelter for the migrating labour of Jammu and Kashmir.
It cannot be disputed that the people living there very well knew that the property is owned by the government and meant for the use as night shelter for the migrant labour of Jammu & Kashmir. There is no right vested in the occupant to sell or transfer any right in the property to anyone. The petitioner herein is one of the transferee. Considering the seriousness of the allegations against the petitioner, I Crl. Misc. No.M-21937 of 2011(O&M) -2- do not find any reason to grant pre arrest bail to the petitioner.
The petition stands dismissed.
Let a notice be issued to Assistant Labour Commissioner, Jammu & Kashmir having its office at House No.1362, Sector 15-B, Chandigarh, to apprise the court about the status of other houses in possession of Jammu & Kashmir Government and also the purpose for which those are being used and the period for which these are in possession of the persons in occupation.
Adjourned to 18.08.2011.
July 28, 2011 (Rajesh Bindal) sonia Judge