JUDGMENT

Dharam Chand Chaudhary, J. —The subject matter of dispute in this Writ Petition is the land entered in Khewat/Khatauni No. 122 min/174 min, 176 min and 177 min, bearing Kh. Nos. 1241, 1236/4, 1237/1, 1242, 1240/1 and 1243 (6 plots), measuring 0-39-91 hectares, situated at revenue estate Shamsherpur Chhawani (Chiranwali), Nahan, District Sirmaur. The petitioner claims himself to be the owner-in-possession of the land in dispute as according to him, he has purchased the same from its previous owners who were inducted as non-occupancy tenants by the landlords/Government and on conferment of proprietary rights under Section 104 of the H.P. Tenancy and Land Reforms Act, 1972, had become owners thereof. The petitioner, after having obtained the permission from Municipal Council, Nahan for sub division of plots in November, 2007 started development of the land in dispute and constructed a site office as well as store thereon. Besides a retaining wall for levelling the plots was also constructed whereas uneven surface of the land levelled by deploying machines and manual labour after spending huge amount. The respondents, however, with malafide intention to grab the land in dispute directed the Jawans to obstruct the passage leading to the land in dispute who dug pits in the passage with a view to obstruct egress and ingress of the petitioner, the labour and machines etc. to the land in dispute. The petitioner requested them not to violate the law and stop interference in the municipal road but of no avail and as a result thereof, he approached the District Collector, Sirmaur who got the demarcation of the land conducted through Asstt. Collector (Ist Grade), Nahan. On demarcation, the path in question was found to be that of Municipal Council, Nahan. However, to the utter surprise of the petitioner, the Army Jawans trespassed into the suit land and demolished the site office and also the store as well as retaining wall. Besides, the machinery deployed there, was also damaged. This has led in registration of FIR No. 182 on 15.7.2008 under Sections 447, 448, 147, 149 & 427 of the Indian Penal Code against respondent No. 2. After registration of the FIR, the petitioner remained under the impression that better sense would prevail and the respondents may not cause interference in the land in dispute and as such again started the construction work but of no avail as the Army jawans again trespassed into the land in question and pulled down the shed which was reconstructed by the petitioner during the night intervening 23rd and 24th July, 2008. Again, FIR No. 192 dated 24.7.2008 under Sections 447, 448, 147, 148, 149, 427 and 506 of the Indian Penal Code was registered against the said respondent.

2. Not only this, but the petitioner has filed Civil Suit No. 77/1 of 2008 for the decree of perpetual prohibitory injunction restraining the defendants from interfering or trespassing into the land in dispute in any manner whatsoever. The suit was contested by the first and second respondents who were arrayed as defendants. Learned Civil Judge (Jr. Divn.), Nahan, District Sirmaur vide judgment and decree dated 29.6.2011, Annexure P-1, while decreeing the suit partly, has restrained the defendants from obstructing the petitioner from use of a passage to have egress and ingress to the land in dispute qua which it is the respondents who were declared to be the owners, however, not in possession. Since it is the petitioner who was found to be in possession of the land in dispute, therefore, respondents were directed not to evict him from the suit land while resorting to extra judicial method and rather it was left open to them to evict the petitioner therefrom in accordance with law.

3. The judgment and decree Annexure P-1 was further assailed by the petitioner in appeal registered as civil appeal No. 66-CA/13 of 2011 in the Court of learned District Judge, Sirmaur, District at Nahan, however, unsuccessfully because the appeal was dismissed b