Rajinder Kaur vs State Of Punjab And Others

The matter has been taken up for hearing through Video Conferencing.

Learned counsel for the petitioner contends that the petitioner, who is an NRI, was looking after and taking care of her land through her attorney

Gurpreet Singh, but the petitioner’s attorney was illegally dispossessed by the private respondents, regarding which FIR no. 13 dated 28.10.2020

under Sections 511, 506, 120-B IPC was registered at Police Station Khanna City-2. Pursuant thereto, the petitioner had filed a suit for permanent

injunction for restraining the private respondents from dispossessing the petitioner from the land in question without due course of law before the Civil

Judge (Junior Division) Khanna. In the said suit, an ad-interim injunction was granted vide order dated 03.02.2020. Later, on the basis of a

compromise dated 11.02.2020 arrived at between the parties before the Panchayat, the civil suit was withdrawn on 12.02.2020 by the petitioner on the

assurance and undertaking of the private respondents that they would not interfere in the peaceful possession of the petitioner over the land in

question. However, now the private respondents are issuing threats to the attorney of the petitioner and they are restraining and creating hindrance in

harvesting the wheat crop.

Faced situation, the petitioner filed a representation dated 17.04.2020 before the official respondents, but till date no decision thereon has been taken.

Notice of motion.

Mr. Gaurav Garg Dhuriwala, Additional AG, Punjab, accepts notice on behalf of the official respondents.

As the main grievance of the petitioner at this stage is inaction on the part of the official respondents, therefore, this Court feels no necessity to issue

notices to the private respondents.

Mr. Guarav Garg Dhuriwala, Additional AG, Punjab, very fairly states that he has no objection, if the present petition is disposed of with a direction to

the official respondents to decide the representation of the petitioner, in accordance with law.

In view of the above, the present petition is disposed of with a direction to respondent No.3-Station House Officer, City-2, Khanna, to decide the

representation dated 17.04.2020 (Annexure P.5) submitted by the petitioner, within a period of one week from the date of receipt of a copy of this

order, in accordance with law. Needless to say, if still aggrieved, the petitioner would be at liberty to take his legal redress.