Crl. Misc. No. M – 552 of 2010(O&M) -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH -.- Crl. Misc. No. M – 552 of 2010(O&M) Date of decision:- 7.4.2010 Satinderbir Singh ... Petitioner Versus State of Punjab & Ors. ... Respondents CORAM:- HON'BLE MR. JUSTICE GURDEV SINGH Present:- Mr. L.M.Gulati, Advocate, for the petitioner. Mr. A.S.Brar, Sr. DAG, Punjab. Gurdev Singh, J (oral) This petition, under Section 482 of the Code of Criminal Procedure, has been filed by Satindervir Singh-petitioner for the issuance of appropriate directions to respondents No. 1 and 2 to protect his life, liberty and property as well as of his family members at the hands of respondent No.4 and for directing respondents No.1 to 3 to take appropriate legal action against that respondent. According to the petitioner, he purchased a house/plot on 26.12.1998 and is residing there since then. One mettaled street was constructed by the government with bricks leading to his house, which is there from the last 19-20 years. Respondent No.4, who has his house in this very street, removed the bricks and constructed a gate thereby occupying that street to the extent of 10 feet. He made complaint to the Block Development and Panchayat Officer, Jandiala for the removal of illegal Crl. Misc. No. M – 552 of 2010(O&M) -2- encroachment, who conducted spot inspection and found that respondent No.4 had illegaly encroached that street by installing a gate. A letter was written by BD&PO to the Sarpanch of that village for removal of the illegal encroachment and for getting the street to be vacated. It was also directed by BD&PO that if there is suspicion of some fight, help of the police be taken. The sarpanch of the village; namely, Sham Singh conducted a bogus enquiry into the matter and prepared a report with the connivance of the respondent No.4 that he has occupied 2-2 ½ feet of street and no efforts, were made for removal of that illegal encroachment. The BD&PO sent official letter for providing the police help for the removal of illegal encroachment. Respondent No.4 finding that he may succeed in his efforts got a complaint made through his wife. On the basis of that complaint, the police officials started harassing him and his family members. He is apprehending danger to his life, liberty and property at the hands of respondents No. 3 and 4. Notice of the petition was given to the respondents. I have heard leaned counsel for both the sides. A detailed reply has been filed by the respondents, in which they came out with the plea that there is no danger to the life and liberty of the petitioner and his family members at the hands of respondents No. 3 and 4. The reply was filed in the form affidavit of DSP. He was asked to file an affidavit regarding the basis on which he had made that finding. That affidavit has been filed accordingly, in which the basis of that finding has been recorded. After the perusal of the records, it has been found that real dispute Crl. Misc. No. M – 552 of 2010(O&M) -3- is regarding the encroachment of the street regarding which the steps have already been taken. If the petitioner is having any grudge, he could have appraoched the Civil Court. There is no such threat to the life and liberty of the petition and in order to get the desired result and to pressurise the respondents, this petition has been filed. No ground is made out for allowing this petition. Accordingly, the petition is dismissed. April 7, 2010 (Gurdev Singh) tripti Judge