[289] Bir Singh State of Punjab and another Coram : Present: PANKAJ JAIN [1] passed the following order: IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CWP-33728 Date of Decision : Bir Singh versus State of Punjab and another HON’BLE MR. JUSTICE PANKAJ JAIN Mr. Kuldeep Singh, Advocate for the petitioner. Mr. Harinder Pal Singh Ishar, Addl. AG, Punjab. Mr. Baltej Singh Sidhu, Senior Mr. Himmat Singh Sidhu, Advocate for respondent No.2-MC. **** PANKAJ JAIN, J. (ORAL) On 18.12.2024, while issuing notice of motion, this Court passed the following order:- “ Learned counsel for the the petitioner, who is present in the Court submits that he is not in possession of any public land. He further submits that a demarcation may be ordered to be carried out of the land owned by the petitioner (for which the approved by the Municipal Council, Amloh) as well as public streets and upon demarcation, if the petitioner is found in possession of any public land or land which is not owned by him, then he shall remove his possession therefrom without any objection. Notice of motion. Mr. Navneet Singh, Senior Deputy Advocate General, Punjab and Mr. Chandan Singh, Advocate, accept notice on behalf of the respondent-State and respondent No.2/MC, respectively and submit that they ha demarcation is carried out. IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH 33728-2024 (O&M) Date of Decision : 16.07.2026 …Petitioner ersus ….Respondents PANKAJ JAIN Advocate for the petitioner. Mr. Harinder Pal Singh Ishar, Addl. AG, Punjab. Mr. Baltej Singh Sidhu, Senior Advocate with Advocate On 18.12.2024, while issuing notice of motion, this Court Learned counsel for the petitioner, on instructions, from the petitioner, who is present in the Court submits that he is not in possession of any public land. He further submits that a demarcation may be ordered to be carried out of the land owned by the petitioner (for which the site plan already stands approved by the Municipal Council, Amloh) as well as public streets and upon demarcation, if the petitioner is found in possession of any public land or land which is not owned by him, then he shall remove his possession therefrom forthwith, Mr. Navneet Singh, Senior Deputy Advocate General, Punjab and Mr. Chandan Singh, Advocate, accept notice on State and respondent No.2/MC, respectively and submit that they have no objection if fresh On 18.12.2024, while issuing notice of motion, this Court petitioner, on instructions, from the petitioner, who is present in the Court submits that he is not in possession of any public land. He further submits that a demarcation may be ordered to be carried out of the land site plan already stands approved by the Municipal Council, Amloh) as well as public streets and upon demarcation, if the petitioner is found in possession of any public land or land which is not owned by forthwith, Mr. Navneet Singh, Senior Deputy Advocate General, Punjab and Mr. Chandan Singh, Advocate, accept notice on State and respondent No.2/MC, ve no objection if fresh RAJNEESH SHARMA 2026.07.20 18:55 I agree to specified portions of this document CWP-33728-2024 (O&M) -2- In view of the submissions made by learned counsel for the respective parties, let a fresh demarcation of the site claimed by petitioner (regarding which the building plan was sanctioned by M.C, Amloh) as well as the streets adjacent/or in the vicinity of the land claimed by the petitioner be carried out by the concerned Tehsildar/Revenue Authorities, after associating the petitioner, officials of M.C. Amloh and other concerned parties therein. The demarcation report be submitted in this Court on or before the next date of hearing. List on 05.02.2025. ” [2] Pursuant to order passed by this Court, demarcation has been effectuated. Certified copy thereof has been produced by Mr. Sidhu, learned Senior Counsel for respondent No.2-M.C., Amloh. The same is taken on record as Mark ‘X’. [3] Counsels are ad idem that as per the demarcation report, the petitioner has been found to be the owner in possession of the land in dispute. [4] In view of the demarcation report and the conceded position, the communication (Annexure P-7) cannot be sustained and is hereby set aside. Consequently, the present writ petition is allowed. [5] All pending miscellaneous application(s), if any, stands disposed off. (PANKAJ JAIN) JUDGE 16.07.2026 ‘R. Sharma' Whether speaking/ reasoned : Yes/No Whether reportable : Yes/No RAJNEESH SHARMA 2026.07.20 18:55 I agree to specified portions of this document