Civil Writ Petition No.11630 of 2009(O&M) -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Civil Writ Petition No.11630 of 2009(O&M) Date of decision:26.08.2009. Mukhtiar Singh and another ...Petitioners Versus State of Punjab and others ...Respondents CORAM: HON'BLE MR. JUSTICE JASBIR SINGH Present: Mr. Ashok Bhardwaj, Advocate, for the petitioners. Mr. Anil Sharma, Addl. Advocate General, Punjab, for respondent Nos.1 to 4. Mr. D.S.Sobti, Advocate, for respondent No.5. Mr. Gurvinder Singh Lalli, Advocate, for the applicant in C.M. No.14133 of 2009. ***** JASBIR SINGH, J. (ORAL). Written statement on behalf of respondent No.5, filed in Court, is taken on record. Shri Sham Sunder, SDM, Tarn Taran is present in Court. He has put on record copy of the inspection report dated 13.08.2009. He further states that original was sent, through post, to the Registrar of this Court. His personal appearance stands exempted. This writ petition has been filed with a prayer to issue a writ of mandamus, directing respondent Nos.1 to 3 to protect life, liberty and property of the petitioners, which is in danger at the hands of respondent No.5, who in connivance with SHO, P.S. Sarhali Kalan, is not allowing the petitioners to enter their fields. Civil Writ Petition No.11630 of 2009(O&M) -2- On 05.08.2009, following order was passed by this Court: - “Notice of motion 19.8.2009. SDM Tarn Taran is directed to conduct a spot enquiry and submit report as to whether any crop is sown in the property, in dispute, measuring 37 Kanals 4 Marlas, bearing Khasra Nos.49//11/2(4-7), 12/2(2-3), 19/1(3-2), 44//16/2(2-13), 50//6(6-10), 49//13/2(4-11), 14/1(3-14), 45//15/1(3-16), 15/2(3-1), 46//1/2(0-16), 10/2(2-2), situated in the revenue estate of village Sarhali Kalan. Report be submitted before next date of hearing. SHO Police Station Sarhali is directed to come present in Court, on the next date of hearing.” In response to order passed, SHO, P.S. Sarhali appeared in Court and he has specifically stated that police will not interfere in the civil dispute between the parties, i.e. the petitioners and respondent No.5. He has also field a reply and in para No.8 of the reply, it has been stated as under: - “That the contents of Para No.8 of the petition are vehemently denied being wr-ong and incorrect. It is further denied that the respondent No.4 harass the petitioners and allowed harvesting the wheat crop by making a demand of Rs.11,000/-. It is further denied that respondent No.4 has taken a sum of Rs.6000/- as illegal gratification from the petitioners and for non-payment of remaining Rs.5,000/- of illegal gratification. The respondent No.4 allowed the respondent No.5 to collect wheat husk from the fields. It is further denied that respondent No.4 threatened the petitioners to implicate in a false case.” Civil Writ Petition No.11630 of 2009(O&M) -3- As per report made by SDM, Tarn Taran, the land is lying vacant. Respondent No.5, by filing written statement, has raised a dispute regarding possession of the petitioners. Be that as it may, disputed questions cannot be gone into in a writ petition by this Court. In view of undertaking given by the police officials that they will not act against the petitioners at the instance of respondent No.5, this writ petition is disposed of, with liberty to the parties to approach the Civil Court for settlement of their dispute. In view of order passed, C.M. No.14133 of 2009 has become infructuous. August 26, 2009. ( JASBIR SINGH ) vinod JUDGE