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2025 DAILYLAW 5102 (PNJ)

MOHINDER v. DR. MANOJ KUMAR DEPUTY COMMISSIONER, SONIPAT AND OTHERS

COCP/1456/2025 · 2026-04-16

Nidhi Gupta

body2025

Judgment text

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IN TH 106 Mohinder Dr. Manoj CORAM: Present:- NIDHI GU willful diso P-1), passe titled “Mo parties we property in appearance The same i COCP-1456-2025 (O & M) IN THE HIGH COURT OF PUNJA AT CHANDIGAR COCP No.1456 o Date of decision inder Versus anoj Kumar, Deputy Commissione AM:- HON'BLE MS. JUSTICE NI Mr. Anand Kumar Maurya, Ad Mr. Parminder Singh, Advoca for the petitioner. Mr. Naveen Kumar, Addl. A.G for respondents No.1 and 2. Mr. Sandeep Parkash Chahar, for respondent No.3. HI GUPTA J. (Oral) The present contempt petitio ul disobedience of the interim order d , passed by a Division Bench of this “Mohinder vs. State of Haryana es were directed to maintain status erty in dispute. Mr. Sandeep Parkash Chah arance and filed Power of Attorney on same is taken on record. 1 UNJAB AND HARYANA IGARH 1456 of 2025 (O & M) cision :-16.04.2026 …..Petitioner issioner, Sonipat and others …..Respondents E NIDHI GUPTA rya, Advocate for dvocate dl. A.G., Haryana hahar, Advocate petition has been filed alleging rder dated 01.04.2024 (Annexure f this Court in CWP-7156-2024 na and others”, whereby the status quo with regard to the Chahar, Advocate has put in on behalf of respondent No.3. VIJAY ASIJA 2026.04.17 17.20 I attest to the accuracy and integrity of this document invited the paragraph 4 way of affi Sonipat-cum (responden as follows : COCP-1456-2025 (O & M) At the outset, learned counse ed the attention of this Court to th raph 4 of the short reply dated 06.01 of affidavit of Shri Manish Malik, As cum-District Development and P ondent No.2), on behalf of responden llows :- “4. That the present to be dismissed as in c orders, the possessio delivered to the Gram P per rules. And further, t out the land to one Sh. Rs. 20,000/- per acre i held on 29-08-2023 fo 2024, meaning thereby was under lease till submitted that from 01 land in question was un Panchayat Jajal and th due to insufficient irr thereafter the suit land Sh. Chand in open au rupees 22,500/- and a under lease with the ab The copy of the Rapat 2023 is annexed as Ann lease register dated 29 lease register dated 12 Annexure R-2 for kind High Court. Since, th 2 counsel for the respondents has to the averments contained in 06.01.2026/31.12.2025, filed by ik, Assistant Collector 1st Grade, and Panchayat Officer, Sonipat ondents No.1 and 2, which reads sent contempt petition is liable in compliance of the ejectment ssion of the suit land was am Panchayat on 21.08.2023 as er, the Gram Panchayat leased Sh. Chand Singh S/o Surjeet in cre in open auction which was 3 for one crop i.e. upto April, reby that the land in question till 01-05-2024. It is further 01-05-2024 to 12-11-2024 the s under the possession of Gram d the same was not leased out t irrigation facility. However land was further leased out to n auction upto April, 2025 in nd at present the suit land is e above mentioned Sh. Chand. apat Rojnamcha dated 21-08- Annexure R-1 and the copy of d 29-08-2023 and the copy of d 12-11-2024 are annexed as kind perusal of this Hon'ble , the suit land is owned and VIJAY ASIJA 2026.04.17 17.20 I attest to the accuracy and integrity of this document compliance question h 21.08.2023 01.04.2024 leased out t time to tim interim ord remained u possession again lease the Rapat register, ha counsel for encroacher prior to the the nature 01.04.2024 disobedienc COCP-1456-2025 (O & M) possessed by Gram Pa was leased out by the auction continuously to panchayat is maintaini in question hence petitio to be dismissed.” Learned counsel for the res liance with the ejectment orders, p tion had already been delivered to 8.2023, much prior to the passing o 4.2024. It is further averred that there d out the land through open auction fo to time, including the period prior im order. It has been specifically ined under lease up to April 2024 and ession of the Gram Panchayat for a c leased out through open auction. The apat Roznamcha dated 21.08.2023 a ter, has been appended with the reply a On the strength of the aforesa sel for the respondents submits that th acher over the land in dispute and had to the passing of the status quo orde ature and possession of the property 4.2024 and, therefore, there is no vi edience, of the order passed by this Co 3 Panchayat and the suit land the Gram Panchayat in open ly to generate fund, hence gram taining statusquo, qua the land etition of the petitioner is liable he respondents submits that in ders, possession of the land in red to the Gram Panchayat on sing of the interim order dated t thereafter the Gram Panchayat tion for cultivation purposes from prior to and subsequent to the ically pointed out that the land 24 and thereafter remained in the or a certain period, before being n. The relevant record, including 2023 and entries from the lease reply as Annexures R-1 and R-2. foresaid factual position, learned that the petitioner was merely an had already been dispossessed o order. It is thus contended that operty remained unchanged after no violation, much less willful this Court. VIJAY ASIJA 2026.04.17 17.20 I attest to the accuracy and integrity of this document perusal of t in the subm indicates th Panchayat 01.04.2024 through op of affairs an on the date the order da of. April 16, 2 Vijay Asija Whether spea Whether Repo COCP-1456-2025 (O & M) Having heard learned counse sal of the material available on record, e submissions advanced on behalf of t ates that possession had already bee hayat on 21.08.2023, i.e. well befor 4.2024 came to be passed. The subs gh open auction appears to be a contin fairs and does not, in any manner, alter e date of the said order. In view of the above, no case rder dated 01.04.2024 is made out. Consequently, the present cont Rule stands discharged. Pending application(s), if any , 2026 r speaking/reasoned Yes / No r Reportable Yes / No 4 ounsel for the parties and upon record, this Court finds substance alf of the respondents. The record y been taken over by the Gram before the interim order dated e subsequent leasing of the land continuation of the existing state r, alter the status quo as it existed o case of willful disobedience of nt contempt petition is dismissed. if any, shall also stand disposed ( NIDHI GUPTA ) JUDGE VIJAY ASIJA 2026.04.17 17.20 I attest to the accuracy and integrity of this document