Preeti vs Varinder Kumar Sharma,Ias Deputy ...
2022 Latest Caselaw 1837 P&H

[114]          IN THE HIGH COURT OF PUNJAB AND HARYANA
                         AT CHANDIGARH

                                    COCP No.570 of 2021
                                    Date of Decision : 21.03.2022


Preeti                                                       ...Petitioner

               versus

Varinder Kumar Sharma, IAS,
Deputy Commissioner, Ludhiana                                ....Respondent

Coram :        Hon'ble Mr. Justice B.S. Walia


Present :      Mr. Bharat Julka, Advocate for the petitioner.
               Mr. Ayush Sarna, AAG, Punjab.

               ***

B.S. Walia, J. (Oral)

[1] Prayer in the petition under Sections 10 & 12 of the Contempt

of Courts Act, 1971 is for initiating proceedings against the respondent for

intentional and willful defiance of order (Annexure P-1) dated 02.12.2020 in

CRM-M No.36631 of 2020 in case titled as 'Preeti versus State of Punjab

and others'.

[2] A perusal of order (Annexure P-1) reveals that CRM-M

No.36631 of 2020 was filed for issuance of directions to official respondent

Nos.2 to 5 for cancellation of sale deeds i.e. Vasika No.14401 dated

15.02.2008, Vasika No.14403 of 15.02.2008 and Vasika No.9355 dated

19.04.2010, alleged to have been executed in gross violation of the order /

judgment of the Hon'ble Court.

[3] The aforementioned petition was disposed of by directing

the Deputy Commission, Ludhiana to look into representation dated

22.10.2020 filed by the petitioner and take appropriate steps / action if

any, required within 02 months in accordance with law.

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[4] Learned counsel for the petitioner contends that the instant

petition was filed on account of failure of the respondent to do the

needful.

[5] Reply has been filed by Shri Varinder Kumar Sharma, IAS,

Deputy Commissioner, Ludhiana alongwith order (Annexure R-1),

deciding the representation in the light of the report of the Sub Divisional

Magistrate, Ludhiana (East) by recording therein that no khasra numbers

were mentioned in the sale deeds cancellation of which was sought and

due to non-mention of khata / khasra numbers in the sale deeds,

ownership had not been recorded in the revenue record, while prayer for

setting aside sale deed Vasika No.9355 dated 19.04.2010 did not pertain

to the petitioner and that in the circumstances, the petitioner could seek

redress of his grievance before the Civil Court under the Specific Relief

Act.

[6] Learned AAG, Punjab, contends that the representation

having been decided it is up to the petitioner to invoke appropriate

remedy before a Civil Court for seeking cancellation of the sale deeds by

leading evidence in respect thereto in accordance with law.

[7] Faced with the aforementioned situation, learned counsel for

the petitioner states that the petitioner is not interested in pursuing the

instant petition and the same may be disposed of as such, while granting

liberty to the petitioner to invoke appropriate remedy in accordance with

law to seek cancellation of the sale deeds i.e. Vasika No.14401 of

15.02.2008, Vasika No.14403 of 15.02.2008 and Vasika No.9355 dated

19.04.2010.

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[8] In view of the position noted above, as well as statement of

learned counsel for the petitioner, the instant petition is disposed of as not

calling for any action against the respondent under the Contempt of

Courts Act, 1971,while granting liberty to the petitioner, as prayed for.

                                                           (B.S. Walia)
                                                             Judge
21.03.2022
'Rajneesh'

                    Whether speaking/ reasoned   :    Yes/No
                    Whether reportable           :    Yes/No




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