Baba Farid Educational Society vs Gram Panchayat & Another on 23 March, 2009

Civil Revision No.3582 of 2006 (O&M)                             -1-

          IN THE HIGH COURT OF PUNJAB AND HARYANA
                        AT CHANDIGARH

                     Civil Revision No.3582 of 2006 (O&M)
                     Date of decision: 23.03.2009

Baba Farid Educational Society                      .............Petitioner

                                   Vs.

Gram Panchayat & another                            ............Respondents

Present: Mr. Ashok Singla, Advocate
         for the petitioner.

          Mr. Surinder Garg, Advocate
          for the respondents.

          Mr. A.K. Sharma, Sr. D.A.G., Punjab.

CORAM: HON'BLE MR. JUSTICE K. KANNAN

1.    Whether Reporters of local papers may be allowed to see
      the judgment ?
2.    To be referred to the Reporters or not ?
3.    Whether the judgment should be reported in the Digest?
                           -.-
K.KANNAN, J. (ORAL)

1. The civil revision petition is against an order dismissing the

application for injunction restraining the defendant from interfering

with the possession of the property. The trial Court had originally

granted the relief of injunction as sought for and the Appellate Court

set aside the order in the Misc. Civil Appeal filed at the instance of the

defendant.

2. The right to property was claimed by the plaintiff on the

basis of an alleged resolution passed by the Gram Panchayat giving a

licence to the plaintiff-society to establish and run a school. This

resolution was subsequently cancelled by the proceedings of the Joint

Director of Rural Development and Panchayats by its order dated

22.09.2005. This order was impugned by the suit where an
Civil Revision No.3582 of 2006 (O&M) -2-

interlocutory application for injunction was filed and interim

injunction was sought. The contention on behalf of the defendant was

that resolution itself had been engineered by one Balwinder Singh,

who connived with the Sarpanch of the Panchayat and got passed a

resolution in favour of the society. It was brought out before the

Appellate Court that the Panchayat had actually taken possession of

the property and the relief of injunction had, therefore, become

infructuous.

3. Even apart from the fact that the relief of injunction after the

actual delivery of possession of the property by the Panchayat could

not be maintained, since the petitioner has still not prima facie case to

sustain the relief of injunction. So long as the order of cancellation of

the resolution is operative and it is not set aside in any process known

to law, the plaintiff cannot seek for an injunction against the true

owner especially when what was pleaded for was a licence and not

any interest in immovable property by a process known to law.

4. The order of the Appellate Court is confirmed and the civil

revision petition is accordingly dismissed.

(K. KANNAN)
JUDGE
March 23, 2009
Pankaj*