Can’t allow misuse of court process to encroach on property: Punjab and Haryana High Court

Saurabh Malik

Tribune News Service

Chandigarh, September 14

Unscrupulous and deceitful persons cannot be allowed to use the process of court as a convenient lever to retain and encroach upon public property indefinitely on one pretext or the other, the Punjab and Haryana High Court has ruled. The Bench has added that such persons could not be permitted to get affairs settled in the manner they wished or take undue advantage.

The assertion by the Bench of Justice Augustine George Masih and Justice Ashok Kumar Verma came on a petition filed against the state of Punjab. The Bench was told that the petitioner had taken shops and land on lease from the Landran gram panchayat. However, the new Landran gram panchayat, bifurcated from the Landran gram panchayat, filed a petition under the Punjab Village Common Land (Regulation) Act against the petitioner for dispossessing him of the property. Taking up the petition, the Mohali Collector (Panchayat Land) passed the ejectment order, dated January 12, 2016, vide which the gram panchayat was declared the property owner. The petitioner was ordered to be dispossessed from the gram panchayat shops, room over the land, generator shed and also from the parking area in front of the gram panchayat shops

During the pendency of appeal, a warrant of possession of the disputed property was issued by the Collector vide an order dated January 27, 2016, in favour of the new Landran gram panchayat. After a legal battle that followed, the Kharar Block Development and Panchayat Officer/Tehsildar, issued an order/letter, dated February 1, directing the execution for the warrants-of-possession order, dated January 12, 2016. The possession was to be taken on February 3. Aggrieved, the petitioner filed this writ petition.

Speaking for the Bench, Justice Verma asserted that the petitioner had not come to the court with clean hands. It was utmost necessary for a party to come with clean hands and place all material facts before the court without any reservation.

“If there is suppression of material and relevant facts on the part of a litigant or twisted facts have been placed, this court can always refuse to exercise the writ jurisdiction under Articles 226/227 of the Constitution. The wheels of justice can move only on presenting all relevant and true facts. Any concealment or mischief would result in derailing the wheels of justice. Justice is based on truth and truth cannot be trampled by an act of concealment and misrepresentation with mala fide intention and ulterior motives. Concealment of material facts vitiates all solemn acts,” the Bench concluded, while dismissing the petition.

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