CWP No.18934 of 2009 -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CWP No.18934 of 2009 Date of decision:19.08.2010 Surinder Singh ...... Petitioner VERSUS Sub Divisional Magistrate, Moonak, Tehsil Moonak, District Sangrur and others ......Respondents CORAM: HON'BLE MR.JUSTICE RAJIVE BHALLA. Present: Mr.Harpreet Singh, Advocate for the petitioner. Mr.C.S.Brar, DAG, Punjab for respondents no.1 and 2. Mr.Amit Shivrain, Advocate for respondent no.3. Mr.P.P.Sharma, Advocate for respondents no.4 to 9. ***** RAJIVE BHALLA.J (Oral) The petitioner prays for issuance of a writ in the nature of mandamus directing respondent no.1, the Sub Divisional Magistrate, Moonak, Tehsil Moonak, District Sangrur, to get the illegal encroachment of the phirni, by respondents no.4 to 9 removed, in accordance with his order dated 08.03.2006. Counsel for the petitioner submits that respondents no.3 to 9 encroached upon a part of the phirni comprised in Khewat No.175, Khatoni No.293, Khasra No.68 (12-10) and 69 (3-7), land measuring 15 kanals and 17 marlas. The petitioner therefore, filed a petition under Section 133 of Cr.P.C. Vide order dated 26.12.2007, respondent no.1 appointed the Naib Tehsildar, Khanori to remove the illegal encroachment. In the meanwhile, the private respondents obtained an order of status quo dated 03.05.2008, CWP No.18934 of 2009 -2- from the Additional Civil Judge (Senior Division), Moonak. It is submitted that as the order of status quo relates to a different parcel of land, respondent no.1 should be directed to remove the encroachment by executing the order dated 26.12.2007. Counsel for the private respondents, on the other hand, submits that in view of the status quo order dated 03.05.2008 and the fact that they are not in possession of the land which is subject matter of the order passed under Section 133 of the Cr.P.C., the present petition should be dismissed. Counsel for the State of Punjab, submits that the authorities have decided to await the outcome of the suit in view of the order of status quo passed by the civil court. I have heard counsel for the parties and perused the impugned order. There appears to be some ambiguity, as to the identity of land, subject matter of the order passed under Section 133 of the Cr.P.C. and the land/property subject matter of Suit No.101/03.05.2008 Ram Kumar Versus Surinder Singh. The petitioner alleges that land which is subject matter of the order passed under Section 133 of the Cr.P.C., is different from the land in the civil suit whereas the private respondents allege to the contrary. In view of a dispute as to the identity of the property, it would be appropriate to grant liberty to the petitioner, who is a defendant in the civil suit, to file an application before the Civil Judge (Senior Division) Moonak, seeking a clarification whether its order dated 03.05.2008 applies to the land which is subject matter of proceedings under Section 133 of the Cr.P.C. In case the civil court holds in favour of the petitioner, the respondents would be required to ensure compliance with the order dated 08.03.2006, passed CWP No.18934 of 2009 -3- under Section 133 of the Cr.P.C. Disposed of accordingly. 19.08.2010 [RAJIVE BHALLA] shamsher JUDGE