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2023 Supreme(P&H) 2992

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
N.S. SHEKHAWAT, J.
Bahadar Singh & Ors. – Petitioners
Versus
State of Punjab & Ors. – Respondents
CRWP-9767 of 2022 (O&M)
Decided On : 02-02-2023

Advocates Appeared:
Mr. Pardeep Kumar Rapria, Advocate for petitioners Nos. 6, 7, 9, 12 and 18.
None for the remaining petitioners.
Mr. Vipin Pal Yadav, Addl. A.G. Punjab.
Mr. R.S. Rai, Sr. Advocate with Mr. Gautam Dutt, Advocate and Ms. Kritika Rajpal, Advocate for Respondent No.2.
Mr. Rajeev Kawatra, Advocate for Mr. Suresh Kumar Bajaj, Advocate for Respondent No.2

Headnote:(A) Constitution of India - Articles 226 and 227 - Criminal Procedure Code, 1973 - Section 482 - Petitioners sought to issue a writ for protection and cancellation of certain investigation reports related to land fraud. (Para 2)

(B) Writ Jurisdiction - The petition regarding complex reliefs involving multiple parties requires a Division Bench for adjudication; a Single Bench lacks the authority to hear such matters. (Para 8)

(C) Misuse of Process - The instant petition deemed as an abuse of the court process, as it fails to comply with prescribed procedural rules regarding maintainability. (Para 19)

(D) Costs - Costs of Rs. 1 lakh imposed on petitioners for misusing court processes. (Para 19)

Facts of the case:
Petitioners, claiming ownership of land within a contested area, filed for multiple reliefs against various authorities alleging fraud. (Para 12)

Findings of Court:
The court noted that the petitioners did not assist the court adequately and failed to address the maintainability of their claims, leading to dismissal. (Para 20)

Issues: The main issues revolved around the maintainability of the petition and the appropriateness of a Single Bench hearing the complex matters raised.

Ratio Decidendi: The court emphasized the necessity of following the High Court’s roster rules, asserting that petitions involving multiple complex issues must be adjudicated by a Division Bench, highlighting the adherence to procedural integrity. (Para 18)

Result: Petition dismissed with costs.

JUDGMENT

Mr. N.S.Shekhawat, J.

Before proceeding to decide the case on merits, it would be appropriate to refer to certain orders passed by this Court to show as to how every attempt was made to delay the disposal of the present case before this Court. On 12.10.2002, the case was adjourned by a Co-ordinate Bench on the request made by the learned counsel for the petitioners. On 20.10.2022, the Bar Association was abstaining from work and on that day, the case was adjourned to 10.11.2022, however, respondents No. 10 and 11 were directed to file a report based on Annexures P-17, P-19, P-21 and P-22. On 10.11.2022, the matter was ordered to be listed before some other Bench, after obtaining appropriate orders from Hon'ble the Chief Justice and this is how, the matter was ordered to be listed before this Court. On 17.11.2022, on request made by the learned counsel for the petitioners, the case was adjourned to 23.11.2022. On 23.11.2022, in compliance of the order dated 20.10.2022 passed by this Court, the Director, Bureau of Investigation, Punjab, placed on record a report in a sealed cover, however, on a written request circulated on behalf of the learned counsel for the petitioners, the case was again adjourned to 12.01.2023. On 12.01.2023, again the matter was listed for arguments, however, no arguments were advanced by the petitioners and the matter adjourned to 17.01.2023. It was made clear that no further adjournment would be granted in the case. On 17.01.2023, learned counsel for the petitioners informed the Court that some order has been passed by the Hon'ble Court in SLP (Crl.) 592 of 2023 with regard to the subject matter in dispute and prayed for time to place on record the copy of the order passed by the Hon'ble Apex Court. Consequently, the case was adjourned to 20.01.2023. Again on 20.01.2023, the orders passed by the Hon'ble Apex court were not filed by the learned counsel for the petitioners and the case was adjourned to 23.01.2023. On 23.01.2023, again no orders passed by the Hon'ble Apex Court were placed on record before this Court and the case was adjourned to 31.01.2023. In the meantime, a copy of the order dated 16.01.2023 passed by the Hon'ble Apex Court was filed before this Court by way of CRM No. W-102-2023 and prayer was made by the petitioners for disclosing the report, which was filed by respondents No. 10 and 11 in a sealed cover and to provide a copy of the same to the petitioner. Consequently, the sealed cover was opened and the report submitted by respondents No. 10 and 11 was taken on record formally and a photocopy of the report was supplied to the learned counsel for the petitioners. On 31.01.2023, the case was heard at some length and a specific query was put to the learned counsel for the petitioners with regard to the maintainability of the present petition before a Single Bench of this Court. However, he refused to assist the Court with regard to the maintainability of the petition and insisted that the case may be heard on merits. Consequently, the case was adjourned to 01.02.2023 for arguments and it was made clear that the case had been repeatedly adjourned so no further adjournment shall be granted. Again on 01.02.2023, the case was listed for arguments and despite specific order on 31.01.2023, learned counsel for the petitioners opted not to appear in the Court and to argue the matter. Some of the persons who claimed to be the petitioners, appeared in the Court on 01.02.2023, but this Court refused to entertain them as they were not identified by any person. Ultimately, the matter was adjourned to 02.02.2023 for hearing the arguments in the matter. Today, i.e. 02.02.2023, Mr. P.K. Rapria, learned counsel appeared by filing a memo of appearance on behalf of the petitioners No. 6, 7, 9, 12 and 18 and he prayed for a long adjournment to argue the matter. He was given an option to inspect the file and to assist the Court on today itself after lunch as the matter had been unreasonably delayed,

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