Davinder Singh S/o S.Harbans Singh C/o 19 MB, Gandhinagar.Jammu and others vs State of J&K through Divisional Commissioner at Jammu Mr.B.R.Kundal & ors.

The petitioner Sh. Devinder Singh s/o Sh Harbans Singh R/o 19 A/B Gandhi Nagar, Jammu through the medium of this petition (Which he has

made under the provision of sec. 561A Cr. P.C.) has sought the following reliefs :

(i) Issue orders restraining the respondents from misusing their powers and abusing their authority in the matter.

(ii) issue orders restraining the respondents from arresting the laborers workers or agents of the petitioner. List of which will be furnished to the

concerned police ""Within reasonable time.

(iii) issue orders for quashing the order of the learned Divisional Commissioner Jammu to arrest the petitioner labour and seize the construction

implements of the petitioner on Nov. 21. 1993

(iv) issue orders restraining the repondent from arresting the labourers and workers of the petitioner from the site in question in future.

(v) issue orders restraining the respondents from exceeding their powers and jurisdiction in the matter in question.

(vi) issue orders or directions restraining the respondent from dispossessing the petitioner of and from the site in question.

(vii) issue any other order or orders or directions as this Hon'ble Court may deem fit and proper under the facts and circumstances of this case.

(viii) issue orders directing the respondents to produce the title papers of the site in the question for the consideration of this Hon'ble court, if any

within a specified time period.

(ix) issue any other order or directions against the respondents and in favour of the petitioner as and when required as this Hon'ble court may deem

fit and proper under the facts and circumstances of this case.

The petition has been pending for disposal since 24.11.93 against the above said respondents. The petitioner has also filed contempt petition

bearing Nos. 3/93, 5/93, 1/94, 16/94 and 154/93 wherein prayers are made for initiating contempt proceedings against the respondents named

therein and awarding them punishment. Show cause notices were issued to the respondents in this petition as well as in the accompanying contempt

petitions.

Respondent 1.i.e, state of J&K through Divisional Commissioner, Jammu in their objections has denied that they ever issued any order which has

given any cause of action to the petitioner herein to file the petition. It has been pleaded that the petitioner with an ulterior motive of grabing

government land adjacent to the Housing Board playing field, Gandhi Nagar, Jammu has dragged the respondents herein whose functions are

either to maintain Law and order or to prevent the encroachment on the public property except respondent 8 namely Principal, Kendrya Vidalya,

Gandhi Nagar, Jammu who had physically restrained petitioner to carry out his nefarious designs.

According to the petitioner, he wants to do good for the public by the raising shops on government nallah ever which he has no right, title or

interest. The relief's sought in this petition had also been sought by the petitioner in OWP no. 734/92. In that writ petitioner, he had sought the relief

of the grant of permission to construct a market on the open nallah belonging to the government/housing Board. He had also filed writ petition No.

1420/92 in the Srinagar wing of the court where a direction was given to the responded therein to consider the case of the petitioner for according

sanction. Respondents had considered the case of petitioner in terms of court directions in WP 1420/92 (of Srinagar wing) and rejected his case.

It is also pleaded that the petitioner by employing these faction wants to government land and he has no cause of action to file the present petition.

Respondent4 (Executive Engineer Housing Division No.1) in his objections has pleaded that petitioner has filed a baseless and frivolous petition

and he wants to grab the government land.

In terms of the order dated 17.12.93 this petition was admitted to hearing.

In the accompanying contempt petitions, the plea taken by then alleged contemnors is to the effect that these proceeding have been filed without

any basis, but to cause harassment to the public servants and petitions be dismissed with costs.

Hard the learned counsel for the parties.

Mr. Sethi learned counsel appearing for the petitioner herein has contended that on basis of letter No. 120612 / HB 27.12.1993, case was

registered against the petitioner herein. The said letter was in the form of a complaint made by Housing Board for the commission of an offence

falling under section 447A R.P.C and it cannot be said that no case had been registered against the petitioner and the petition is without any basis.

This argument has been controverted by the learned counsel appearing for the respondents by pleading that the present petition (NO. 84/93 ) was

filed on 24.11.93 and the case for the commission of the offence falling under section 447B R.P.C was registered on 27.12 93 i.e. after a period

of more than one month. That by this prospective action, it cannot be said by imagination that he had made a prayer for quashing this FIR. The

contention raised by the learned counsel appearing for the respondents is well founded and it cannot be held that after filing this petition in the

court, the petitioner was exonerated to take the law in to his own hands. In case he had made any encroachment as per the allegations made in the

FIR, the law has to take its own course and any interpellation to the contrary is bound to destroy raison deter of the concept of the rule of law.

Learned counsel appearing for the respondents have revealed the chronicle of events which unmistakably establish that petitioner herein by

launching frivolous litigation in the Srinagar wing and in the Jammu wing had wanted to reduce the status of the respondents to the most craven

servitude. Learned counsel have stated at the bar that writ Petition No. 734/92 of the Jammu wing as well as no. 1420/92 of the srinagar wing

have also been dismissed. They have further placed on record a photostat copy of the order dated 22.11.94 passed in OWP No. 21/94 titled

Davinder Singh v/s Union of India & Ors. Where in it was decided that the petitioner herein wanted "" to raise unauthorised and illegal contraction

ever the nallah which forms major part of the entire drainage system provided for Gapdhi Nagar, locality."" It was also held that the petitioner had

exploited the process of the court filing the writ petition which was dismissed with costs of Rs. 500. Let it be said to the lasting ignomfiny of the

petitioner that these proceeding were initiated by him only to pressurise and harass the numbering five replete with unfounded allegations if not

checked in the bud can have the tendentious effect of leaving the ragtag beaurucrasy in letters. Not only that, the petitioner herein has even

succeeded in abusing the process of court by launching frivolous litigation at different occasions of his choice. The ways of justice like the

providence are inscrutable. And who is to blame, if not the system. This upbraiding of the petitioner should be a nugget for the concerned bearcats

to enforce the law in this case with full rigor and vigor.

In the final analysis. It is held that at the material time the respondents or any of them had not passed any order which had given a cause of action

to the petitioner to file the petitioner to file the petition. Accordingly, petition (No.84/93) along with accompanying contempt petitions No. 3/93,

5/93, 154/93, 1/94 and 16/94 are dismissed with costs of Rs. 500 each. Costs when raised be deposited in the Advocate Welfare Fund of Jammu

Bar Association. The Rules issued against the respondents in the above said contempt petitions are discharged. Connected Cr. M.P 24/94 shall

stand disposed of.