IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH C.R. No.4298 of 2006 Date of Decision:- 08.05.2008 Raghubir Singh ....Petitioner(s) through None. vs. State of Haryana and others ....Respondent(s) through Mr.R.S.Kundu, Additional Advocate General, Haryana. *** CORAM:-HON'BLE MR.JUSTICE SURYA KANT. *** 1) Whether Reporters of the local papers may be allowed to see the judgment? 2) To be referred to the Reporters or not? 3) Whether the judgment should be reported in the Digest? *** SURYA KANT, J. (ORAL) This revision petition is directed against the order dated 24.4.2006 passed by the learned Civil Judge (Sr. Division), Panchkula, dismissing the petitioner's application under Order 21 Rule 32 read with Section 151 CPC. The petitioner had filed a suit for declaration and permanent injunction against the respondents claiming himself to be owner in possession of land measuring six bighas comprised in Khewat No.1, Khatauni No.5, Khasra No.10/2, situated within the revenue estate of Village Bir Ghaggar, District Panchkula. The above-stated civil suit No.482 was decided vide judgment and decree dated 20.2.1997 (Exhibit P-10). While the petitioner was held to be in possession of the suit land, it was further held that the land was owned C.R. No.4298 of 2006 -2- by the State of Haryana. The learned Civil Court accordingly directed that the petitioner would not be dispossessed from the suit land except in due course of law. The present application under Order 21 Rule 32 CPC was moved by the petitioner alleging, inter alia, that he has been forcibly dispossessed by the respondent despite the injunction decree passed in his favour. The learned Civil Court, however, has dismissed the above- stated application after observing that the petitioner has not disclosed the material facts. After the judgment and decree dated 20.2.1997 was passed by the Civil Court, an order dated 20.6.2000 was passed by the Assistant Collector, II Grade whereby entries in the revenue record i.e. khasra girdawaries were ordered to be corrected in favour of the Forest Department. The aforesaid order was duly complied with vide rapat No.389 Exhibit RW1/A1. The Collector, Panchkula, thereafter passed an ejectment order against the petitioner in respect of the subject land and further directed to provide police help to the Authorities in the Forest Department. It was in execution of the said eviction order that the respondents took possession of the subject land and erected fence with the help of RCC Poles. The petitioner is alleged to have forcibly removed the RCC Poles and barbed wires which led to registration of F.I.R.No.186 dated 15.10.2000 against him. He also appears to have filed a counter case by way of criminal complaint and both the matters are stated to be pending in the Court of learned Judicial Magistrate. C.R. No.4298 of 2006 -3- There appears to be no dispute that neither the order of the Assistant Collector II grade dated 20.6.2000 whereby entries in the khasra girdawaries were ordered to be corrected nor the subsequent eviction order of the Collector, have been challenged by the petitioner and the same have attained finality. In this backdrop, it is apparent that the petitioner has been dispossessed in due course of law as permitted by the Civil Court vide its judgment and decree dated 20.2.1997 (Exhibit P-10). No case to interfere with the impugned order, therefore, is made out. Dismissed. May 08, 2008 ( SURYA KANT ) poonam JUDGE