This criminal original arises out of order dated 29-12-1979 passed by this Court in W.P.No.8494 of 1979, whereby the respondents were restrained from disturbing the possession of the petitioner over the disputed premises.
2. The relevant facts, in brief, giving rise to this petition are that Muhammad Sharif petitioner had encroached upon some public place in village Godhpur, District Sialkot. The Anjuman-e-Rafa-e- Aam (hereinafter referred to as "Anjuman") took up the matter with the Martial Law authorities. On demarcation carried out by the Revenue Officer it was found that he had encroached upon the land measuring 20' x 9' and raised wall on it. The same was got demolished by Martial Law authorities. The "Anjuman" thereafter constructed wall thereon. On 28-12-1972, the petitioner along- with 14 others demolished that wall and re-constructed the wall on the encroached area, which led to the registration of case under section 307/324/148/149/440/506 P.P.C. Against them. In the meantime, the petitioner filed Constitutional petition in this Court which was admitted to regular hearing on 26-12-1979 and order for interim injunction was passed on the same day. The writ petition was eventually disposed of on the statement of learned Advocate-General made on 16-11- 1981, to the effect that the army authorities were not interfering in the matter. The petitioner, however, on 29-3-1981 moved the instant application alleging therein that despite order of injunction passed by this Court on 26-12-1979, the respondents built wall on the disputed place and sought initiation of contempt proceedings against them.
The respondents in reply controverted the averments made in the petition. 1t was pointed out, that Muhammad Sharif petitioner had admittedly encroached upon the public place. The encroachments were removed by the Martial Law Authorities. A compromise was reached between Muhammad Sharif and the "Anjuman" according to which the "Anjuman" agreed to leave-open space measuring 20'x 9' for public use. Acting upon the terms of compromise the respondents left open space measuring 15'x 30' for public use. After leaving open that space the "Anjuman" constructed a 'parda' wall for girls high school, which was demolished by Muhammad Sharif and others and a criminal case was registered against them. The matter was compromised. The petitioner agreed to withdraw the criminal/civil case. The writ petition was accordingly disposed of on the statement of learned Advocate-General, in presence of the learned counsel for petitioner.
3. We have heard learned counsel for the petitioner at some length and find that the petitioner had encroached upon the public place. The encroachment was removed by the army authorities. A wall, was constructed by the 'Anjuman' which was demolished by the petitioner and others which led to the registration of a criminal case against them. After demolishing the wall the petitioner appears to have approached this Court and obtained stay order, to perpetuate his unauthorised possession. The writ petition filed by him was 'disposed of on the statement of learned Advocate- General. He did not agitate against that order. As a matter of fact he acquiesced by his conduct regarding the construction of wall by the 'Anjuman' to provide "parda" wall to the girls high school Godhpur.
4. In the result, this petition fails and is accordingly dismissed.
S.A./M-1636/L