CWP-3703-2025 (O&M) 121 IN THE HIGH COURT OF PUNJAB AND HARYANA Kirpal Singh State of Haryana and others CORAM: HON HON Present:- Mr. Mr. Ankur Mittal, Additional AG Haryana Ms. Saanvi Singla, Advocate SUDHIR SINGH By way of present writ petition, the petitioner has sought issuance of a writ in the nature of Mandamus directing respondents No.1 to 4 to take appropriate construction of Nathu Greens Ban Khewat No.227, Khatauni No.233, Mustil No.33, Kila No.4/2 (4 No.431, Khatauni No.492, Mustil No.33, Killa No.5/1 (7 No.494, Khatauni No.569 (7-10), Mustil No. District Palwal, Mandamus has been sought directing respondents No.1 and 2 to illegal construction 2025 (O&M) IN THE HIGH COURT OF PUNJAB AND HARYANA CHANDIGARH Date of decision: versus State of Haryana and others HON’BLE MR. JUSTICE SUDHIR SINGH HON’BLE MRS. JUSTICE SUKHVINDER KAUR Mr. Sanjay Verma, Advocate for the Mr. Ankur Mittal, Additional AG Haryana Ms. Saanvi Singla, Advocate. ***** SUDHIR SINGH, J. (ORAL) By way of present writ petition, the petitioner has sought issuance of a writ in the nature of Mandamus directing respondents No.1 to 4 to take appropriate action against respondents No.5 and 6 construction of Nathu Greens Banquet Hall on the agricultur Khewat No.227, Khatauni No.233, Mustil No.33, Kila No.4/2 (4 , Khatauni No.492, Mustil No.33, Killa No.5/1 (7 No.494, Khatauni No.569, Mustil No.26, Killa No.17/2 ( 10), Mustil No.33, Kila No.4/1 (0-6) situated in Moja Sihol, Tehsil and District Palwal, without Change of Land Use (CLU). Mandamus has been sought directing respondents No.1 and 2 to illegal construction raised on the aforesaid land. 1 of 3 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CWP-3703-2025 (O&M) Date of decision: April 01, 2025 ….Petitioner ….Respondents SUDHIR SINGH SUKHVINDER KAUR Sanjay Verma, Advocate for the petitioner. Mr. Ankur Mittal, Additional AG Haryana along with By way of present writ petition, the petitioner has sought issuance of a writ in the nature of Mandamus directing respondents No.1 to 4 action against respondents No.5 and 6 and remove illegal quet Hall on the agriculture land situated in Khewat No.227, Khatauni No.233, Mustil No.33, Kila No.4/2 (4-5), Khewat , Khatauni No.492, Mustil No.33, Killa No.5/1 (7-10), Khewat 26, Killa No.17/2 (4-5), 24 (8-0), 25/1 6) situated in Moja Sihol, Tehsil and without Change of Land Use (CLU). Further, a writ of Mandamus has been sought directing respondents No.1 and 2 to remove on the aforesaid land. 3 2025 (O&M) , 2025 Petitioner s By way of present writ petition, the petitioner has sought issuance of a writ in the nature of Mandamus directing respondents No.1 to 4 and remove illegal situated in 5), Khewat 10), Khewat 25/1 6) situated in Moja Sihol, Tehsil and Further, a writ of remove MAHAVIR SINGH 2025.04.05 17:17 I attest to the accuracy and authenticity of this order/ judgment CWP-3703-2025 (O&M) 2 of 3 2. As would appear from the contents of the writ petition, it is the case of the petitioner that his father, namely Bijender Singh (respondent No.5) had sold the ancestral land to Kesham Devi (respondent No.6) and the said land could not have been alienated by him being ancestral in nature. It is further the case of the petitioner that he had already filed a civil suit in respect of the said land, which is stated to be pending in the Court of Civil Judge (Junior Division), Palwal bearing number CS-45-2023 titled as Kirpal Singh versus Bijender Singh etc. It is further the case of the petitioner that in the said suit, learned Civil Court, vide order dated 16.01.2023, had granted interim relief with regard to alienation of the land in question. The said order reads as under:- “Notice issued to defendant No.1 received back duly served. Case called several times since morning. But none has appeared on behalf of defendant No.1. It is already 4:30 PM. No further wait is justified. Hence, defendant No.1 is proceeded against exparte. Notice issued to defendant No.2 received back with report of incomplete address. Let, fresh notice to defendant No.2 be issued for 13.02.2023 on filing of copies of plaint, summons etc. Dasti summons be also given if required. Till then parties are directed to maintain status quo qua alienation with respect to suit land.” 3. It is the grievance of the petitioner that he had moved representations to the District Town Planner, Palwal as well as respondent No.2 – the Director, Town and Country Planning, Haryana, Chandigarh in respect of illegal construction done by respondent No.6 on the aforesaid land without obtaining CLU in respect of the said land, but no action has been taken. 4. As the civil suit in respect of land in question is already stated to be pending before the learned Civil Court, we find that no indulgence can be MAHAVIR SINGH 2025.04.05 17:17 I attest to the accuracy and authenticity of this order/ judgment CWP-3703-2025 (O&M) 3 of 3 granted to the petitioner as the Civil Court is already seized of the matter. So far as the alleged illegal construction raised by respondent No.6 is concerned, the administrative authorities shall look into the matter, if any construction has been raised in violation of provisions of relevant act or rules thereunder, and if any representation is pending in this regard, the same shall be considered and decided by the authorities, in accordance with law. 5. In view of the above, we do not find any ground to interfere in the present writ petition. 6. Dismissed. 7. Pending application(s), if any, shall also stand disposed of. (SUDHIR SINGH) JUDGE (SUKHVINDER KAUR) JUDGE April 01, 2025 komal/mahavir Whether speaking/reasoned: Yes/No Whether reportable: Yes/No MAHAVIR SINGH 2025.04.05 17:17 I attest to the accuracy and authenticity of this order/ judgment