CWP No. 10311 of 2008 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CM No.7577 of 2008 and CWP No. 10311 of 2008 Date of Decision: 18.05.2009 Laxmi Narain ...Petitioner Vs. State of Haryana & Ors. ...Respondents CORAM Hon'ble Mr.Justice Vinod K.Sharma Present: Petitioner in person,. Mr.K.C.Gupta, AAG, Haryana, for respondent No.1. Mr.G.P.Singh, Advocate, for respondents No.2 and 3. Vinod K.Sharma, J . (Oral) CM No.7577 of 2008 Allowed. Written statement is taken on record. CWP No.10311 of 2008 This civil writ petition has been filed under Articles 226/227 of the Constitution of India for issuance of a writ, in the nature of certiorari for restraining the respondents from interfering in the peaceful and actual CWP No. 10311 of 2008 2 possession over agricultural land measuring 27 kanals i.e. half share of 54 kanals situated in village Meerpur, Tehsil Narnaul, District Mahendergarh The case pleaded by the petitioner is that the property in dispute was purchased by his father which stands inherited by him and his brother in equal shares. The petitioner since then is owner in possession of the suit land to the extent of his share i.e. 27 kanals and he has been cultivating the same. It is also the case of the petitioner that respondent No.3 was born out of womb of petitioner's first wife in the year 1978. The petitioner performed second marriage with Smt. Meena in the year 1990 which is inter caste marriage. Because of this, respondents No.2 and 3 and other family members are annoyed with him and have been passing filthy comments upon him. Now an attempt is being made to put pressure on him to transfer his share of land in the name of respondent No.3. In spite of matter having been reported to the police no action has been taken. It is further averred that in the month of October, 2005 when the petitioner was working in his fields, his wife Smt.Meena was alone at his house. Respondent No.3 came to his house and gave beating to his wife Smt.Meena and turned her out of the house. She had to shift to Chandigarh after having been turned out of the house. It is alleged that again respondents No.2 and 3 along with 4/5 persons came to the fields and started beating him with fists and leg blows and they also threatened to use the judicial papers duly signed by the petitioner by manipulating them to their advantage. With the averments made above, prayer has been made that the CWP No. 10311 of 2008 3 respondents be restrained from interfering in the peaceful possession over the agricultural land belonging to the petitioner. The averments made in the writ petition are denied by respondents No.2 and 3. Reading of the writ petition would show that no relief is claimed against the State of Haryana. The allegations are against the son of the complainant. It is also asserted that the complaints made by the petitioner have not been attended to by the officials concerned. However, copy attached shows only vague allegations on which no action is possible. The writ petition raises disputed questions of law, and is not maintainable as remedy, if any, with the petitioner, is to file a suit for injunction or possession to protect his right in the suit land and for the allegations of threat or beatings the remedy with the petitioner is to report to the police or file a criminal complaint in the competent criminal court. The grievance made cannot be adjudicated in exercise of writ jurisdiction. The writ petition is dismissed as not maintainable. However this order shall not be taken to be an expression on merit and will not be taken into consideration if the petitioner chooses to file civil suit or criminal complaint. (Vinod K.Sharma) 18.5.2007 Judge rp