Crim inalMlsc NoVla43971 of 2005 OSMl v. St at e of Haryanaand anot her

The com plainantI S Son of Shri JaganSlo Shri Chhot u JOYTI RANI 2016.03.28 16:20 I attest to the accuracy and integrity of this document V Dhanak SC is resident of villageKheri Meham PS 94 Crlm inai MisclloM43971 of 2005 OSMl 2 Meham Dist t Roht ak Killa Nos 8118124 920 1111 m easuring26 kanal 17 MarI as surplus area was allot t ed t o his fat her Shri Jaganexpiredon 1692003 His fat her deposit edt he prize of t he whoie I and and he becam e owner on j am abandifor t he year 19901 Shri Raj Singh Azad SinghWazir Singhand Aj itSinghSlo Shri I at e Sh Gianl Ram of villageKheri Meham cult ivat edt he kiila No 8118121920 cult ivat ed kilia NoI 111211 m easuring9 kanal 18 Marlas t he allot t ed I and and illegally and forcibly duringKharif 2002 and rabi 2003 Shri Azad Singhand ot hers filed flase and frivolous pet it ionin t he court of financial Com m issionerHaryanaChandigarhin Punj ab and HaryanaHighCourt at Chandigarht o ca use At rocit y beingScheduled Cast e Legalact ion be t aken againstt he accused persons ll Learned counsel for t he pet it ionershas subm it t edt hat t he were big I and owners and were m erelyt ryingt o get 1 l 0 C0 I t 5 I Ct Z 2 Z 14 OO a Z possession of pet it ioners t he I and which had been declared surplus The were t akingrecourse of I aw and hence t he com plain tin 0m quest ion I iablet o be dism issed Learned counsel for t he on t he ot her hand has subm it t edt hat all t he accused were guilt yof offence under Sect ions 3 l vl and vl of t he Act as t hey had t aken t he I and belongingt o t he who was m em ber of t he Scheduled Cast e and had filed frivolous cases against him Rani Anit a 2012.06.22 14: 33 True Scanned Copy of t he Original PHHC, Chandigarh JOYTI RANI 2016.03.28 16:20 I attest to the accuracy and integrity of this document Aft er hearingI earned counsel for t he pat t ies am oft he 95 C Crim inalMisc NoM43971 of 2005 08M1 3 1 4e opiniont hat t he presentpet it iondeserves t o be allowed Sect ions3 11I l ancl t he Act read asundeo ll Whoever not beinga m en7berof ScheduledCast e or a Scheduled Tribe 01 forces a m em ber of a Scheduied Cast e or a ScheduledTribe t o drink or eat any inedible or obnoxioussubst ance occupies or cult ivat esany I and owned by or allot t ed t o or not ifiedby any com pet entaut horit yt o be a m em ber of a Scheduled Cast e or a Tnbe or get s t he I and allot t ed t o him allot t ed t o Scheduled t ransferred v wrongfullydispossessesa m em ber of a Scheduled Cast e or a Scheduled Tribe from his I and or prem isesor int erferes wit 17t he of his right sover any I and prem isesor wat erl A perusal of t he com plaint does not I ead t o t he inference t hat any oHence undert he Act is m ade out As per t he com plaint t he possession of t he I and was t aken byt he pet it ionersforcefullyin t he year 2002 a nd a pet it ionwas filed in t he Court of Financial Com m issioner Haryana The com plaintI ll quest ion was however inst it ut ed Oll 1452005 I n case t he com plainanthad been dispossessed from t he suit propert yt he com plainantcould have t aken recourse t o civil rem edyby filinga civil suit rhe case of t 0hecom plain antis t hat t he I and which was declared surplus had been allot t ed t o his fat her Rani Anit a 2012.06.22 14: 33 True Scanned Copy of t he Original PHHC, Chandigarh The I and I n quest ionbelongedt o t he JOYTI RANI 2016.03.28 16:20 I attest to the accuracy and integrity of this document pet it ionersand it was declared surplus t he pet it ioners m L 0 Ca I t C Z C t 3 Z 01 vm o Z t l 1 96 Crim inal Misc No43971 of 2005 O8Ml 1 4 are rnerelyt ryingt o save t heir I and from being declared surplus and t he recourse t aken by t hem by filinga pet it ionbefore t he Financial Com m issioner cannot be said t o have harassed t he m erelybecause he is t he m em ber of scheduled cast e I n t he fact s and circum st ances of t he present case cont inuat ion of t he crim inai againstt he would be not hingbut an abuse of 1 0 0 C5 Z Q Z J03V 7 Z 5 t l processof I aw Accordinglyt he present pet it ionis allowed Com plaint nnexure P1 1 as well as sum m oningorder dat ed 11 2005 Annexure subsequent under Sect ion 3 1 vl and arisingt herefrom of t he Act and all t he are quashed 1 1 9 JUDGE 2011 anlt a 1 W C4 4eJll 451e i5l Rani Anit a 2012.06.22 14: 33 True Scanned Copy of t he Original PHHC, Chandigarh JOYTI RANI 2016.03.28 16:20 I attest to the accuracy and integrity of this document