CWP-28238-2022 (O&M) 1 265 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CWP-28238-2022 (O&M) Date of decision : 15.07.2026 DEV RAJ ....Petitioner Versus STATE OF HARYANA AND OTHERS ...Respondents CORAM: HON'BLE MR. JUSTICE PANKAJ JAIN Present : None for the petitioner. Ms. Ruchi Sekhri, Addl. A.G., Haryana. Mr. Udit Garg, Advocate for respondent No.2. PANKAJ JAIN, J. (ORAL) By way of present writ petition, the petitioner seeks writ in the nature of mandamus directing respondents No.1 to 3 to remove illegal encroachment over the common drainage land. 2. As per the petitioner, Municipal Committee constructed drainage on the land bearing Khasra No.119 situated within the revenue estate of Ladwa, District Kurukshetra. The drainage comes under Municipal Committee, Ladwa. The same has been encroached upon by the private persons raising construction. By way of present writ petition, the petitioner attempts to wake up the municipal committee to take actions against the encroachers. DEEPAK KUMAR 2026.07.17 09:30 I attest to the accuracy and integrity of this document CWP-28238-2022 (O&M) 2 3. Reply has been filed by the Municipal Committee, Ladwa. The stand of the Municipal Committee as spelled out in the reply, reads as under: 5. That the facts relevant for the present case are that the Municipal Committee, Ladwa i.e. the answering respondent is the owner of land situated in Khewat no. 1471//1399, Khatoni No. 1545, Khasra No. 119 measuring 7 Kanal 4 Marlas situated at Ladwa, District Kurukshetra but the some people has illegally encroached upon the some part of the abovesaid Municipal land. The copy of Jamabandi to this effect is attached herewith as Annexure R-2/1. 6. That the abovesaid unauthorized occupation/encroachment came in the notice of the answering respondent only when the answering respondent received the Nishan-Dehi report dated 13.09.2021 from revenue officer, Ladwa, District Kurukshetra and in the said report it was found that various people namely: i. Rajiv S/o Sh. Girdhar Sharma, R/o V.I.P Colony, Ladwa, Distt. Kurukshetra, ii. Ashok Kumar S/o Sh. Som Nath, R/o V.I.P Colony, Ladwa, Distt. Kurukshetra, iii. Ashok Kumar S/o Sh. Som Nath, R/o V.I.P Colony, Ladwa, Distt. Kurukshetra, iv. Rajinder S/o Sh. Mohan Lal, R/o V.I.P Colony, Ladwa, Distt. Kurukshetra, v. Rakesh Arora, R/o V.I.P Colony, Ladwa, Distt. Kurukshetra, vi. Anil Garg S/o Sh. Sat Parkash Garg, R/o V.I.P Colony, Ladwa, Distt. Kurukshetra, vii. Harbhagwan S/o Sh. Jassa Ram, R/o V.I.P Colony, Ladwa, Distt. Kurukshetra, viii. Vinod Chopra S/o Subhash Chand R/o V.I.P Colony, Ladwa, Distt. Kurukshetra, ix. Anil Anand S/o Sh. Jagan Nath R/o V.I.P Colony, Ladwa, Distt. Kurukshetra, x. Deepak Kumar S/o Sh. Triloki Nath R/o V.I.P Colony, Ladwa, Distt. Kurukshetra, DEEPAK KUMAR 2026.07.17 09:30 I attest to the accuracy and integrity of this document CWP-28238-2022 (O&M) 3 xi. Shiv Gulati S/o Sh. Santi Lal R/o V.I.P Colony, Ladwa, Distt. Kurukshetra, xii. Naveen Kumar S/o Sh. Nand Kishore R/o V.I.P. Colony, Ladwa, Distt. Kurukshetra, xiii. Anil Gupta R/o V.I.P. Colony, Ladwa, Distt. Kurukshetra, xiv. Manohar Lal S/o Sh. Nand Gopal R/o V.I.P. Colony, Ladwa, District Kurukshetra, xv. Ashok Saini S/o Sh. Shri Chand Saini R/o V.I.P Colony, Ladwa, Distt. Kurukshetra all the above person has illegally encroached upon the abovesaid Municipal land. The copy of Nishan- dehi report is attached herewith as Annexure R-2/2. 7. That in pursuance to the said report the answering respondent had given various notices to the above said person/encroachers under section 181 of Haryana Municipal Act, 1973, directing them to demolish the unauthorized construction over the said land, however, the said encroachments have not been demolished or vacated by the said persons and no compliance of the notice done by them. Copies of notices are attached herewith Annexure R-2/3. 8. That thereafter the answering respondent had filed the cases under the Public Premises Act against the person who are found the encroachment upon the abovesaid Municipal land for eviction from the illegal encroachment upon the municipal land situated at Khasra no.119, Ladwa Distt. Kurukshetra in the court of Ld. S.D.O (Civil) cum S.D.M, Ladwa and the same are pending. 9. That the answering respondent had also intimated to the petitioner regarding the filing the abovesaid cases under the public premises act against the person/encroachers who have found to be encroaching upon the abovesaid Municipal land for eviction from the illegal encroachment upon the municipal land situated at Khasra no.119, Ladwa Distt. Kurukshetra in court of Ld. S.D.O (Civil) cum S.D.M, Ladwa vide letter no. 1527/MCL dated DEEPAK KUMAR 2026.07.17 09:30 I attest to the accuracy and integrity of this document CWP-28238-2022 (O&M) 4 18.07.2023. A copy of said letter and postal receipt are attached herewith Annexure R-2/4. 4. Keeping in view the fact that the Municipal Authorities are already proceeding against the encroachers and are alive to the encroachment over the municipal land, no further order is required to be passed in the present petition. The same is accordingly, disposed off. July 15, 2026 (Pankaj Jain) Dpr Judge Whether speaking/reasoned : Yes/No Whether reportable : Yes/No DEEPAK KUMAR 2026.07.17 09:30 I attest to the accuracy and integrity of this document