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Punjab-Haryana High Court

Jaswinder Kaur And Others vs State Of Haryana And Others on 29 October, 2013

Author: Rekha Mittal

Bench: Rekha Mittal

           CRM-M-36572-2013                                                                    1

             IN THE PUNJAB & HARYANA HIGH COURT AT CHANDIGARH


                                                        CRM-M-36572-2013
                                                        Date of decision : 29.10.2013

           Jaswinder Kaur and others

                                                                            ... Petitioners

                                     Versus

           State of Haryana and others

                                                                            ... Respondents

           CORAM:              HON'BLE MRS. JUSTICE REKHA MITTAL

           Present:            Mr.Bikram Chaudhary, Advocate
                               for the petitioners.

           REKHA MITTAL, J.(ORAL)

The petitioners pray for issuance of a direction to respondents No.1 to 4 to provide adequate security for protection of life and liberty of the petitioners as they apprehend threat at the behest of respondents No.5 &

6. A perusal of the allegations of the petition would reveal that the petitioners and private respondents, who are family members of one Amar Singh, are fighting in regard to possession of land, which was the ownership of said Amar Singh. The petitioners approached the Civil Court for grant of injunction and the Court has passed an order of status quo with regard to possession. It appears that the present petition has been filed by the petitioners in order to strengthen themselves with the aid of police and harvest the paddy crop standing in the fields claiming that they are in possession of the suit land. The disputed questions of fact are not amenable to adjudication in the proceedings under Section 482 of the Code. The Davinder Kumar 2013.11.06 18:13 I attest to the accuracy and integrity of this document CRM-M-36572-2013 2 present petition is nothing but an abuse of process of law to harvest the standing crops by raising factual controversy which requires to be tested on the basis of evidence.

Dismissed.

(REKHA MITTAL) JUDGE October 29, 2013.

Davinder Kumar Davinder Kumar 2013.11.06 18:13 I attest to the accuracy and integrity of this document