Crl.Misc.No.M-41770 of 2007 [1] IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. Criminal Misc. No. M- 41770 of 2007 Date of Decision: 27 - 9 - 2010 Kulwant Singh and others .....Petitioners v. State of Punjab and others .....Respondents CORAM: HON'BLE MR.JUSTICE KANWALJIT SINGH AHLUWALIA *** Present: Mr.A.S.Kalra, Advocate for the petitioners. Ms.Sudeepti Sharma, DAG, Punjab for respondents No.1 to 4. Mr.A.S.Khinda, Advocate for respondents No.5 to 9. *** KANWALJIT SINGH AHLUWALIA, J. (ORAL) The present petition has been filed under Section 482 Cr.P.C. praying that orders dated 7.5.2007, Annexure P16, dated 9.5.2007, Annexure P17 and dated nil, Annexure P18, passed by respondent No.2 – Sub Divisional Magistrate, Gurdaspur, whereby respondents No.5 to 9 were permitted to cut the Rabbi crop 2007 from the disputed Government/Custodian land across the barbed wire on the Pakistan border adjoining District Gurdaspur inspite of continuation of proceedings under Section 145 Cr.P.C., be quashed. The case of the petitioners is that the Sub Divisional Magistrate, Gurdaspur vide order dated 27.2.2006, Annexure P1, had Crl.Misc.No.M-41770 of 2007 [2] appointed Station House Officer, Kalanaur to take care of the land in dispute. It is stated that petitioners were in cultivating possession of the land belonging to Custodian/Government on the Pakistan border and entry passes were issued in favour of petitioner No.1 – Kulwant Singh and petitioner No.5 – Amrik Singh and entries in the Khasra Girdawari to this effect was made in favour of the previous cultivators, namely, Surinder Pal Singh, Mela Singh and others. However, a communication dated 8.2.2005, Annexure P9, was issued by the Government wherein a direction was issued that Khasra Girdawaris of Custodian/Government land from the name of one private person to the name of another private person be not transferred, until the permission is received by the officials of the Revenue Department from the Government of Punjab. Counsel for the petitioners states that in view of this letter, the entry was not changed and even though the Station House Officer, Kalanaur was directed to take care of the land, the private persons are cultivating the land. These all are disputed questions of facts which can only be determined after the parties adduce their evidence. Mr.A.S.Khinda, counsel appearing for respondents No.5 to 9 has stated that proceedings under Section 145 Cr.P.C. initiated by the Sub Divisional Magistrate, Gurdaspur in the present case have culminated. If that is so, the petitioners are at liberty to assail the order of Sub Divisional Magistrate, Gurdaspur if that is against them. With the aforesaid observations, the present petition is disposed of. ( KANWALJIT SINGH AHLUWALIA ) September 27, 2010. JUDGE RC