IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Reserved on: April 09, 2025 Pronounced on : July 08, 2025 VED MURARI LAL SHARMA -PETITIONER V/S STATE OF PUNJAB AND OTHERS -RESPONDENTS CORAM: HON'BLE MR. JUSTICE KULDEEP TIWARI Present: Mr. Atul Goyal, Advocate with Mr. P.S. Saini, Advocate for the petitioner.

Mr. Pardeep Bajaj, D.A.G., Punjab.

Mr. Narender Kumar Vashist, Sr. Panel Counsel for the respondent No.2-U.O.I.

(Through V.C.)

Mr. S.S. Rangi, Advocate for the respondent No.7.

***

KULDEEP TIWARI, J.

1. The hereinafter extracted directions, as embodied in the order dated 13.03.2023 drawn by the National Commission for Scheduled Castes (hereinafter referred to as the ‘National Commission’), caused pain to the petitioner and consequently propelled him to institute thereagainst the instant writ petition.

“After a detailed hearing of the case, the commission found that the police arrested the applicant in a false FIR lodged by the opposite party namely Ved Murari Lal Sharma, without looking at the facts, which was unjustified. Apart from this, there is a difference between the records of the Municipal Corporation and the records presented by the applicant. The opposite party has tried to forcibly occupy the land of the applicant and no action has been taken by the police against the accused. Therefore, it is recommended by the Commission that appropriate action against opposite party Ved Murari Lal Sharma be taken by Punjab Police Administration, in regard to registration of false FIR, by registering an FIR under Section 3(1) (p) (t) (g) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (as amended). Action under section 4 of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (as amended) should be taken against all the guilty police personnel who lodged false FIR against the applicant and arrested the applicant. The police and District Administration should maintain the status quo on the land on which locks were broken and get its videography done. Apart from this, the applicant will present all his documents before the Municipal Corporation and District Administration and after detailed investigation the report regarding demarcation in the Revenue Record and status of demarcation in the records of the Corporation, Municipal Corporation, Ludhiana and Ludhiana District Administration will pass appropriate orders regarding the ownership rights of the land. Punjab Police, District Administration and Municipal Corporation Administration will submit full action taken report on the recommendations of the commission as soon as possible.”

2. What emerges from perusal of the record available before this Court is that, before the above directions could be given effect to, this Court stayed the operation thereof by drawing the interim order dated

18.05.2023.

3. Before proceeding to gauge the validity of the impugned directions, it is deemed imperative to initially make a concise and compendious survey of the facts qua which there is no wrangle amongst the contesting litigants. FACTUAL MATRIX

4. The bedrock for the issuance of the impugned directions was a representation dated 30.09.2022, as made by the respondent No.7 before the National Commission. The respondent No.7 alleged that, the petitioner got lodged against him a false FIR No.87/2014 at P.S. Kotwali, Division No.1, Ludhiana, for encroachment of land. Aggrieved by the registration of the FIR, he moved an application before the Deputy Commissioner of Police, Ludhiana, seeking cancellation of the FIR. This application resulted into an enquiry becoming conducted by the Assistant Commissioner of Police (North), Ludhiana, and, also recommendation becoming made for cancellation of FIR No.87/2014. Moreover, recommendations were also made for filing a case under different sections of IPC against the accused/present petitioner. Nonetheless, a report under Section 173 Cr.P.C. was filed against the respondent No.7 and feeling aggrieve