Bishan Das And Others vs The State Of Punjab And Others on 19 April, 1961
7. In the light of the rival contentions, it must be seen whether
the petitioners' prayer can be countenanced by this Court. Mr.R.Babu, learned
counsel appearing for the petitioners placed reliance upon the judgment of the
Supreme Court in Bishan Das v. State of Punjab reported in AIR 1961 Supreme
Court 1570. He also emphasised the passage found in paragraph-14, wherein it has
been stated that the Government cannot forcibly take a private property of a
citizen, thereby making the mockery of the constitutional right. Such possession
can be taken only by resorting to legal forums. Therefore, he insisted if at all
the respondents wanted property, they should have approached the appropriate
civil Court and not take law in their own hands.