PURAN SINGH AND ANOTHER v. STATE OF PUNJAB AND OTHERS
CWP/11234/2025 · 2025-04-25
Harsh Bunger
body2025
DailyLaw.ai
[ 2025 DAILYLAW 48714 (PNJ) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 48714 (PNJ) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
IN THE HIGH COURT OF PUNJAB AND HARYANA
PURAN SINGH AND ANOTHER
STATE OF PUNJAB AND OTHERS
CORAM: Present :
HARSH BUNGER, J. [ORAL]
of the Constitution of India, is for issuance of a writ in the nature of mandamus, for directing the respondents to enter and sanction the mutation in favour of petitioners with regard to their land measuring Marlas, comprised in Tehsil Zira, District Ferozepur, which was acquired by the Government for setting up brick kiln, in 1954 Para 493 of the Punjab Land Administration Manual. 2. Mano Chahl, was adjacent to the canal (Rajasthan Feeder Canal), which is stated to have been acquired by th kiln for manufacture and supply of brick lining of the canal. It is stated that IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
PURAN SINGH AND ANOTHER
Versus STATE OF PUNJAB AND OTHERS
HON’BLE MR. JUSTICE HARSH
Mr. Gurmeet Singh Saini, Advocate for the petitioners. Mr. Nirmaljit Singh Diwana, Sr. D.A.G., Punjab. HARSH BUNGER, J. [ORAL]
Prayer in the present writ petition, filed under Articles 226/227 of the Constitution of India, is for issuance of a writ in the nature of , for directing the respondents to enter and sanction the mutation of petitioners with regard to their land measuring , comprised in Khewat No.255/247, situated at Village Mano Chahl, Tehsil Zira, District Ferozepur, which was acquired by the Government for setting up brick kiln, in 1954-55 and then su Para 493 of the Punjab Land Administration Manual. According to the petitioners, their land, situated at Village Mano Chahl, was adjacent to the canal (Rajasthan Feeder Canal), which is stated to have been acquired by the Punjab State for setting up of a brick kiln for manufacture and supply of brick lining of the canal. It is stated that p. 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
CWP-11234-2025(O&M) Date of decision :25.04.2025
…Petitioners
…Respondents HON’BLE MR. JUSTICE HARSH BUNGER Mr. Gurmeet Singh Saini, Advocate Mr. Nirmaljit Singh Diwana, Sr. D.A.G., Punjab.
Prayer in the present writ petition, filed under Articles 226/227 of the Constitution of India, is for issuance of a writ in the nature of , for directing the respondents to enter and sanction the mutation of petitioners with regard to their land measuring 72 Kanals 13 , situated at Village Mano Chahl, Tehsil Zira, District Ferozepur, which was acquired by the Government for 55 and then surrendered as not required under Para 493 of the Punjab Land Administration Manual. According to the petitioners, their land, situated at Village Mano Chahl, was adjacent to the canal (Rajasthan Feeder Canal), which is e Punjab State for setting up of a brick kiln for manufacture and supply of brick lining of the canal. It is stated that 3
2025(O&M) Date of decision :25.04.2025 Prayer in the present writ petition, filed under Articles 226/227 of the Constitution of India, is for issuance of a writ in the nature of , for directing the respondents to enter and sanction the mutation 72 Kanals 13 , situated at Village Mano Chahl, Tehsil Zira, District Ferozepur, which was acquired by the Government for rrendered as not required under According to the petitioners, their land, situated at Village Mano Chahl, was adjacent to the canal (Rajasthan Feeder Canal), which is e Punjab State for setting up of a brick kiln for manufacture and supply of brick lining of the canal. It is stated that GURPREET KAUR 2025.05.01 10:38 I attest to the accuracy and authenticity of this order/judgment High Court, Sector-1, Chandigarh p. 2 the afore-said acquired land and its mutation was entered in the name of the provincial government and the same is still continuing. It is averred that after the completion of the Rajasthan Canal, the brick kilns lay abandoned and in the year 1982-83, the irrigation department surrendered the lands to the Punjab Government as per the provisions of Para 493 of the Punjab Land Administration Manual.
It is the case of the petitioners that the fore-fathers/predecessors of the petitioners were given an option to take the acquired land back on the payment of stipulated amount; however, since the predecessors of the petitioners were not aware of the afore-said option; therefore, they failed to deposit the stipulated amount within the particular time, which was granted by the department, although, several other persons exercised this option by depositing the stipulated amount in the Government Treasury, therefore, they were handed over the possession of the land. 2.1
In the afore-mentioned circumstances, the petitioners are stated to have approached the Office of Deputy Commissioner-cum-Collector, Ferozepur for sanctioning of mutation in their name; however, it is stated that no action has been taken. 2.2
Petitioners have placed reliance upon order dated 21.11.2014 (Annexure P-1) passed by this Court in CWP-7766-2014. It is stated that petitioners have also served a legal notice dated 22.12.2024 (Annexure P-2) upon the official respondents; however, no action has been taken thereupon. Accordingly, the present writ petition has been filed before this Court. 3. Heard. 4. At the outset, it requires to be mentioned that no documents, in support of the assertions made by the petitioners, have been placed on record in the present writ petition. Neither any detail as regards the GURPREET KAUR 2025.05.01 10:38 I attest to the accuracy and authenticity of this order/judgment High Court, Sector-1, Chandigarh p. 3 acquisition of land of the petitioners nor any revenue record has been placed along with the writ petition. 5. In my considered view, in the absence of material particulars, no indulgence can be granted to the petitioners. Moreover, if the land was acquired way back in the year 1954-55 and such acquired land was offered to be returned to similarly circumstanced persons around 1982-83 on payment of stipulated amount, now after the lapse of more than 40 years, the claim of the petitioners is clearly barred by gross delay and laches. Accordingly, the present writ petition is dismissed. 6. All pending application/s, if any, shall also stand closed.
April 25, 2025
(HARSH BUNGER) gurpreet
JUDGE Whether speaking/reasoned:
Yes/No Whether reportable:
Yes/No
GURPREET KAUR 2025.05.01 10:38 I attest to the accuracy and authenticity of this order/judgment High Court, Sector-1, Chandigarh