High Court Punjab-Haryana High Court

Paramjit Singh vs Jaswinder Kaur And Another on 31 August, 2009

Punjab-Haryana High Court
Paramjit Singh vs Jaswinder Kaur And Another on 31 August, 2009
     IN THE HIGH COURT OF PUNJAB AND HARYANA AT

                          CHANDIGARH.


                                      C.A.C.P. No.7 of 2009 (O&M)
                                        Date of decision: 31.8.2009

Paramjit Singh.
                                                       -----Appellant
                                Vs.
Jaswinder Kaur and another.
                                                    -----Respondents


CORAM:- HON'BLE MR. JUSTICE ADARSH KUMAR GOEL
            HON'BLE MS. JUSTICE DAYA CHAUDHARY

Present:-   Mr. Jatinder Singla, Advocate
            for the appellant.
                  -----

ORDER:

1. The appellant is aggrieved by order of learned Single

Judge, directing the appellant to allow respondent No.1 to irrigate

her land as per her turn from the joint tubewell.

2. The appellant and respondent No.1 are cousins and

jointly own the land as well as the tubewell installed thereon.

Respondent No.1 filed a petition under Section 482 of the Code

of Criminal Procedure, 1973 which was disposed of vide order

dated 26.5.2008. In the said petition, respondent No.1 sought a

direction for protection of her life, liberty and property and for

taking decision on application under Section 145 of the Code of

Criminal Procedure, 1973 which was said to be pending. The
CACP No.7 of 2009 2

petition was disposed of with a direction to the concerned

authority to look into the matter and take action in accordance

with law.

3. Thereafter, respondent No.1 filed contempt petition,

alleging violation of order dated 26.5.2008. The said petition was

contested by the Senior Superintendent of Police, who was the

only respondent in the petition filed originally. It was explained

that complaint of respondent No.1 was duly inquired into and

necessary steps were taken and there was no threat to life, liberty

or property of the respondent No.1. It was also stated that she

had dispute with her cousin, the appellant herein, leading to

proceedings under Sections 107, 151 of the Code of Criminal

Procedure and also under Section 145 of the Code of Criminal

Procedure.

4. Vide order dated 17.4.2009, the contempt petition was

disposed of as infructuous, with a direction to the SHO to oversee

that respondent No.1 was able to harvest her crop.

5. Thereafter, respondent No.1 filed an application being

C.M. No.5453-C-II-2009 under Section 151 of the Code of Civil

Procedure followed by another application impleading the

appellant as party. The appellant filed reply, denying the

allegation that respondent No.1 was in possession and also

pointed out that the matter was pending consideration in suit filed

by respondent No.1 herself, seeking declaration that she was

owner in possession of specific area of the jointly owned land.
CACP No.7 of 2009 3

6. Learned Single Judge, by impugned order, gave

direction that the appellant will allow respondent No.1 to irrigate

her land from the joint tubewell.

7. We have heard learned counsel for the appellant.

8. Learned counsel for the appellant has drawn our

attention to the following observations:-

“….Under these circumstances, the petitioner has
every right to draw water from the tubewell for
irrigating 18 kanals 8 marlas of agricultural land of
which he is in physical possession….”

9. In view of above observations, it is pointed out that in

the course of deciding the contempt petition, the issue as to who

was in possession of which particular land, has also been

decided. The object of contempt proceedings is to enforce an

order and the said proceedings are not substitute for adjudication

of disputed questions. In the present case, the earlier order was

only to look into the grievance of respondent No.1 and there was

no finding of the Court. The issue as to who was in possession of

any particular area was still pending consideration before the

Court.

10. There is no dispute with the proposition put forward by

learned counsel for the appellant that order in contempt

proceedings should not pre-empt adjudication by competent

authority where issue may be pending consideration. However, it

being undisputed that respondent No.1 was joint owner in land
CACP No.7 of 2009 4

and tubewell, the appellant cannot obstruct drawing of water from

joint tubewell for irrigating such land as may be in possession of

respondent No.1. We, thus, do not find any ground to interfere

with the impugned order. It is, however, made clear that the Civil

Court, where suit is pending or any other authority where such

question may be pending, will be at liberty to deal with the same

on the basis of evidence before it, in accordance with law, without

being influenced by any observations made in the impugned

order which has been passed only for the purpose of deciding the

contempt proceedings. The Civil Court or concerned authority will

be at liberty to decide the dispute as to whether and on which

particular land the parties were in possession or were entitled to

possession.

7. The appeal is disposed of accordingly.


                                       (ADARSH KUMAR GOEL)
                                               JUDGE


August 31, 2009                               (             DAYA
CHAUDHARY )
ashwani                                           JUDGE