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High Court Of Delhi
DALBIR SINGH - Appellant
Versus
STATE (NATIONAL CAPITAL TERRITORY OF DELHI) - Respondent
CRIMINAL APPEAL 540 of 2000
Decided On : 07/16/2001
Sections 145 & 146 — Proceedings there under — Condition precedent — Attachment of land or property — Time limit for initiation of proceeding — Respondent alleged he was dispossessed on dated 24/06/1997 — Petition under section 145 filed on 17/09/1997 — Held, if person has been dispossessed earlier than two months preceding the report to SDM, the remedy lies in Civil Court only — Order of SDM set-aside — Revision allowed.
Sections 145(1) & 146(1) — Proceedings there under — Scope and powers of SDM — Breach of peace — Actual and physical possession of land or property — Several civil and criminal proceedings before Civil and Criminal Courts — Despite Civil Courts status qua order — SDM passed order under section 146(1) — Whether SDM order sustain? — Held, proceedings under section 145 should not be initiated when civil litigation is pending for determining the rights of the parties — SDM has no power to determine title or right of possession — SDM order set-aside — Revision allowed.
Sections 145(1), 146(1) and 397 — Proceeding there under — Scope and power regarding breach of peace — Summary remedy — To protect and safeguard the possession of land or property — Found in actual and physical possession — Previous civil and criminal proceedings — Status quo order in favor of petitioner by the civil Court regarding subject of dispute — Reports of Patwari, Police as well as predecessor of SDM support the actual and physical possession of the petitioner — Dispite all SDM passed order and dispossessed the petitioner — Whether SDM acted in accordance with Law? — Held, SDM acted illegally and abused the process of Law — Order quashed — Directions given to restore the possession within 10 days — Revision allowed.
(July 16, 2001) 2001 (TLS)125306
2001-DLT-93-615 :: 2001-AD (Del)-6-397
DALBIR SINGH Vs. State (National Capital Territory of Delhi)
R. C. CHOPRA
( 1 ) THIS revision under Section 397 read with section 401 of the Code of Criminal Procedure (hereinafter referred to as "code" only) is directed against an order dated 14/11/2000 passed by Sh. Amar singh, SDM Hauz Khas New Delhi whereby he passed an order under Section 146 (1) of the Code and attached the, land measuring about 40 bg ad 16 Biswas situated in mouza Chattarpur, Teh, New Delhi till further orders. The petitioner, claiming to be the true owner in possession of the land in question, prays for setting aside the impugned order of attachment as well as quashing of the proceedings under Section 145 of the code of Criminal Procedure.
( 2 ) THE facts/relevant for the disposal of this petition, briefly stated, are that respondent No. 4 herein filed a petition dated 17/9/1997 before the SDM, new Delhi under Section 145/146 of the Code praying for attachment of the property in question on the ground there was grave danger of breach of peace. in the heading of the petition he stated that the respondent, (petitioner herein) had tried to dispossess him from the property in question but in para 1 of the petition it was stated that on 24/6/1997 he had dispossessed him from the land in question by use of force. He had approached the Civil Court and got a stay order against the present petitioner on 23/6/1997 but inspite of stay order on 24/6/1997, the present petitioner had dispossessed him. He stated that he was the owner of the land in question and had purchased it from A. K. Goel of M/s Homestead Industries who in turn had purchased it from present petitioner Oalbir Singh through his attorney. A FIR No. 349/97 dated 24/6/1997 was relied upon which is shown to be filed not by respondent No. 4 but by petitioner alleging attempt to dispossess him. The history of previous litigation between the petitioner herein and A. K. Goel of M/s. Homestead was vaguely given and it was stated that in terms of a compromise dated 29/4/1994, the present petitioner had handed over the possession of the land in question to a. K. Goel of M/s. Homestead who had sold the land in question to the respondent No. 4 herein on 20/8/1996 and handed over the possession thereof to him on the said date. It was also stated that the Khasra girdawris of the land in question from 1991 to 1996 were recorded in the name of Howestead and thereafter in the name of respondent No. 4. Under these circumstances the SDM was prayed to initiate the proceedings. under Section 145 of the CRIMINAL PROCEDURE CODE directing the petitioner herein and others to restore the possession of land to respondent No. 4 or in the alternative to attach the property in question.
( 3 ) THE present petitioner (respondent before the sdm) filed a detailed reply to the application under section 145/146 of the CRIMINAL PROCEDURE CODE raising preliminary objections that in view of the pendency of civil litigation in regard to the land in question and interim orders, there were no grounds for invoking section 145/146 of the Code. It was also stated that the application was barred by time in as much as the so called dispossession even was beyond 2 months preceeding the date of application u/s 145 of the Code. The proceedings under Section 107 Criminal Procedure Code even initiated on behalf of respondent No. 4 had ended in discharge of the present petitioner. It was submitted that the present petitioner (respondent before the learned SDM) was the owner in possession of the land in question since 1951 and the respondent No. 4 herein (petitioner before learned SDM) had never come in possession thereof. The revenue records were stated to have been manipulated and the proseedings for correction of the entries were pending since 1993. It was also submitted that the petitioner herein had electricity connection and telephone no. 6803560 at the address
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