CWP- IN THE HIGH COURT OF PUNJAB AND HARYANA AT Joginder Singh State of Punjab and others CORAM: Present: SUMEET GOEL 1. Constitution of India, seeking issuance of a writ, particularly in the nature of mandamus, directing respondent Nos.1 to 3 to action against respondent No.4 for having illegally handed over possession of the village common contravention of law. 2. follows: 2.1. P-6), the land bearing Khasra Nos.1 Khewat No.409/356, Khatoni No.615, is recorded as common land ( Mumkin), traditionally It has been further submitted that the -10028-2025 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Joginder Singh V/s State of Punjab and others CORAM: HON’BLE MR. JUSTICE SHEEL NAGU, CHIEF JUSTICE HON’BLE MR. JUSTICE SUMEET GOEL Mr. Abhinav Jain, Advocate for the petitioner. ***** SUMEET GOEL, JUDGE The present petition has been filed under Constitution of India, seeking issuance of a writ, particularly in the nature of mandamus, directing respondent Nos.1 to 3 to action against respondent No.4 for having illegally handed over possession of the village common land (Shamlat land contravention of law. The case as set up by the petitioner The petitioner has alleged that 6), the land bearing Khasra Nos.173//8 Khewat No.409/356, Khatoni No.615, is recorded as common land ( ), traditionally being in use by the villagers for collective purposes. It has been further submitted that the site plan (Annexure P 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CWP-10028-2025 Date of decision: 30.04.202 ....Petitioner ....Respondents HON’BLE MR. JUSTICE SHEEL NAGU, CHIEF JUSTICE HON’BLE MR. JUSTICE SUMEET GOEL Mr. Abhinav Jain, Advocate for the petitioner. ***** petition has been filed under Article 226/227 of the Constitution of India, seeking issuance of a writ, particularly in the nature of mandamus, directing respondent Nos.1 to 3 to take necessary and lawful action against respondent No.4 for having illegally handed over possession hamlat land) to respondent Nos.5 and 6, in The case as set up by the petitioner, in the instant petition, is as The petitioner has alleged that as per Jamabandi (Annexure 73//8-7 and 174//1-9, falling under Khewat No.409/356, Khatoni No.615, is recorded as common land (Gair by the villagers for collective purposes. site plan (Annexure P-5) prepared .2025 HON’BLE MR. JUSTICE SHEEL NAGU, CHIEF JUSTICE of the Constitution of India, seeking issuance of a writ, particularly in the nature of take necessary and lawful action against respondent No.4 for having illegally handed over possession ) to respondent Nos.5 and 6, in is as (Annexure 9, falling under Gair by the villagers for collective purposes. 5) prepared by AJAY KUMAR 2025.05.02 15:43 I attest to the accuracy and integrity of this document CWP- the Patwari, clearly delineates the said land as the community use. However, respondent Nos.5 and 6, residents of village Pandori Araian, Tehsil Dharamkot, District Moga, are attempting to encroach upon the said land for the wall, as depicted in the photographs annexed as Annexure P instant petition. The respondent No.4, the Gram Panchayat of Village Pandori Araian, through its Sarpanch namely Amandeep Singh, is actively aiding respondent Nos.5 and 6 in this illegal encroachment and is in the process of unlawfully handing over the possession the aforesaid common land. Moreover a Civil Suit No.CS/292/2020 (Annexure P against the Gram Panchayat from interfering with his alleged possession, which was dismissed under Order 17 Rule 3 of CPC with costs. However, despite the dismissal of the suit and the nature of land as elected Panchayat, under the leadership of current Sarpanch, is facilitating the unauthorized possession of the land by respondent Nos.5 and 6. Thereafter, the petitioner had made several represe to P-3) to various authorities, incl Deputy Commissioner, Commissioner and the Panchayat Minister, Punjab, but no action has been taken till date. The photographs (Annexure P media reports (Annexure P is underway, aimed at securing illegal possession over the common land. 2.2. in question is vital to the village community and is used for public purposes, including waste disposal and upon for private use. -10028-2025 the Patwari, clearly delineates the said land as community use. However, respondent Nos.5 and 6, residents of village Pandori Araian, Tehsil Dharamkot, District Moga, are attempting to encroach upon the said land for their personal use by erecting a boundary wall, as depicted in the photographs annexed as Annexure P instant petition. The respondent No.4, the Gram Panchayat of Village Pandori Araian, through its Sarpanch namely Amandeep Singh, is actively g respondent Nos.5 and 6 in this illegal encroachment and is in the process of unlawfully handing over the possession the aforesaid common Moreover; respondent No.5, namely a Civil Suit No.CS/292/2020 (Annexure P against the Gram Panchayat from interfering with his alleged possession, which was dismissed under Order 17 Rule 3 of CPC with costs. However, despite the dismissal of the suit and the nature of land as elected Panchayat, under the leadership of current Sarpanch, is facilitating the unauthorized possession of the land by respondent Nos.5 and 6. Thereafter, the petitioner had made several represe 3) to various authorities, including the concerned BDPO, Tehsildar, Deputy Commissioner, Commissioner and the Panchayat Minister, Punjab, but no action has been taken till date. The photographs (Annexure P media reports (Annexure P-8) further corroborate that construction activi is underway, aimed at securing illegal possession over the common land. As per the averments contained in the instant petition, the land in question is vital to the village community and is used for public purposes, including waste disposal and, therefore, cannot be alienated or encroached upon for private use. However, the action of the 2 the Patwari, clearly delineates the said land as Shamlat land designated for community use. However, respondent Nos.5 and 6, residents of village Pandori Araian, Tehsil Dharamkot, District Moga, are attempting to ir personal use by erecting a boundary wall, as depicted in the photographs annexed as Annexure P-7 with the instant petition. The respondent No.4, the Gram Panchayat of Village Pandori Araian, through its Sarpanch namely Amandeep Singh, is actively g respondent Nos.5 and 6 in this illegal encroachment and is in the process of unlawfully handing over the possession the aforesaid common namely, Charanjit Singh had earlier filed a Civil Suit No.CS/292/2020 (Annexure P-4) seeking a permanent injunction against the Gram Panchayat from interfering with his alleged possession, which was dismissed under Order 17 Rule 3 of CPC with costs. However, despite the dismissal of the suit and the nature of land as Shamlat, the newly elected Panchayat, under the leadership of current Sarpanch, is facilitating the unauthorized possession of the land by respondent Nos.5 and 6. Thereafter, the petitioner had made several representations (Annexures P uding the concerned BDPO, Tehsildar, Deputy Commissioner, Commissioner and the Panchayat Minister, Punjab, but no action has been taken till date. The photographs (Annexure P-7) and 8) further corroborate that construction activi is underway, aimed at securing illegal possession over the common land. As per the averments contained in the instant petition, the land in question is vital to the village community and is used for public purposes, therefore, cannot be alienated or encroached he action of the newly elected Gram designated for community use. However, respondent Nos.5 and 6, residents of village Pandori Araian, Tehsil Dharamkot, District Moga, are attempting to ir personal use by erecting a boundary 7 with the instant petition. The respondent No.4, the Gram Panchayat of Village Pandori Araian, through its Sarpanch namely Amandeep Singh, is actively g respondent Nos.5 and 6 in this illegal encroachment and is in the process of unlawfully handing over the possession the aforesaid common filed ) seeking a permanent injunction against the Gram Panchayat from interfering with his alleged possession, which was dismissed under Order 17 Rule 3 of CPC with costs. However, , the newly elected Panchayat, under the leadership of current Sarpanch, is facilitating the unauthorized possession of the land by respondent Nos.5 and 6. ntations (Annexures P-1 uding the concerned BDPO, Tehsildar, Deputy Commissioner, Commissioner and the Panchayat Minister, Punjab, 7) and 8) further corroborate that construction activity is underway, aimed at securing illegal possession over the common land. As per the averments contained in the instant petition, the land in question is vital to the village community and is used for public purposes, therefore, cannot be alienated or encroached Gram AJAY KUMAR 2025.05.02 15:43 I attest to the accuracy and integrity of this document CWP- Panchayat is wholly arbitrary, illegal an earlier civil suit. representation (copy whereof has been appended as Annexure P instant petition) to respondent No.3, but no action has been taken which necessitated the petitioner to approach this Court. 3. prayer and submits that the petitioner would be satisfied if a direction is issued to respondent No. representation (Annexure P manner. 4. 5. Additional A.G. Punjab respondents i.e. respondent Nos.1 to 3. case the limited stage, is accepted. 6. perused the paper 7. case & without going into merits thereof, the instant petition with a direction to herein) to look into the petitioner; representation & take opportunity of hearing to petitioner of two month -10028-2025 Panchayat is wholly arbitrary, illegal an earlier civil suit. It is further submitted that the petitioner representation (copy whereof has been appended as Annexure P instant petition) to respondent No.3, but no action has been taken which necessitated the petitioner to approach this Court. Learned counsel for the petitioner, at this s prayer and submits that the petitioner would be satisfied if a direction is issued to respondent No.2 to consider and take a representation (Annexure P-2) made by the petitioner in a time bound Notice of motion, at this stage, to official respondents only. On the strength of the advance notice, Additional A.G. Punjab, accepts notice on behalf of the respondents i.e. respondent Nos.1 to 3. limited prayer made by the learned counsel for the petitioner is accepted. We have heard learned counsel for the rival parties and have perused the paper-book with their assistance Keeping in view the entirety o without going into merits thereof, the instant petition with a direction to the Deputy Commissioner, Moga to look into the representation (Annexure P er; objectively consider the grievance(s) raised in the said representation & take ratiocinated decision thereupon after affording opportunity of hearing to petitioner, in accordance with law, within a period months from today. Such decision be comm 3 Panchayat is wholly arbitrary, illegal and contrary to the dismissal of the It is further submitted that the petitioner moved a representation (copy whereof has been appended as Annexure P-2 with the instant petition) to respondent No.3, but no action has been taken which necessitated the petitioner to approach this Court. Learned counsel for the petitioner, at this stage, limits his prayer and submits that the petitioner would be satisfied if a direction is to consider and take a conscious decision on the ) made by the petitioner in a time bound of motion, at this stage, to official respondents only. On the strength of the advance notice, Mr. Saurav Khurana, , accepts notice on behalf of the said official respondents i.e. respondent Nos.1 to 3. He submits he has no objection in prayer made by the learned counsel for the petitioner, at this have heard learned counsel for the rival parties and have with their assistance. Keeping in view the entirety of facts and circumstances of the without going into merits thereof, the instant petition is disposed of the Deputy Commissioner, Moga, (respondent No. representation (Annexure P-2) moved by the consider the grievance(s) raised in the said ratiocinated decision thereupon after affording , in accordance with law, within a period Such decision be communicated to the petitioner contrary to the dismissal of the moved a with the instant petition) to respondent No.3, but no action has been taken which tage, limits his prayer and submits that the petitioner would be satisfied if a direction is decision on the ) made by the petitioner in a time bound Mr. Saurav Khurana, official ction in at this have heard learned counsel for the rival parties and have f facts and circumstances of the is disposed of , (respondent No.2 ) moved by the consider the grievance(s) raised in the said ratiocinated decision thereupon after affording , in accordance with law, within a period unicated to the petitioner AJAY KUMAR 2025.05.02 15:43 I attest to the accuracy and integrity of this document CWP- within fifteen days of it being taken. also stand disposed off. (SUMEET GOEL) JUDGE April 30, 202 Ajay -10028-2025 within fifteen days of it being taken. Pending application(s), if any, shall also stand disposed off. (SUMEET GOEL) JUDGE , 2025 Whether speaking/reasoned: Whether reportable: 4 Pending application(s), if any, shall (SHEEL NAGU) CHIEF JUSTICE Yes/No Yes/No Pending application(s), if any, shall AJAY KUMAR 2025.05.02 15:43 I attest to the accuracy and integrity of this document