CWP-17362-2025 IN THE HIGH COURT OF PUNJAB AND HARYANA AT Karan alias Dhanpat State of Haryana CORAM : HON’BLE MR. JUSTICE HON’BLE MS. JUSTICE LAPITA BANERJI Present : Mr. for the petitioner. Mr. P.P.Chahar, Sr. DAG, Haryana Mr. Randhir Singh, for respondent DEEPAK SIBAL Through the instant petition, challenge is made to the notices dated 05.06.2025 and 12.06.2025 issued by the respondent Gram Panchayat under Section 24(1) short ‘the 1994 Act’) the ground that such construction has been unauthorized petitioner on land belonging to the Panchayat. 2. The impugned orders respondent Panchayat could proceedings under Section 24(1) and 24(2) of the the absence unauthorized possession over the reply filed by the petitioner to the impugned notices. In support of his 2025 (O&M) Sr. No.118 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CWP-17362 Date of Decision : Karan alias Dhanpat Versus State of Haryana and others HON’BLE MR. JUSTICE DEEPAK SIBAL HON’BLE MS. JUSTICE LAPITA BANERJI Mr. Ajay Jain, Advocate, for the petitioner. Mr. P.P.Chahar, Sr. DAG, Haryana Mr. Randhir Singh, Advocate, for respondent No.4-Gram Panchayat. *** DEEPAK SIBAL, J. (Oral) Through the instant petition, challenge is made to the notices dated 05.06.2025 and 12.06.2025 issued by the respondent Gram Panchayat under Section 24(1) and 24(2) of the Haryana Panchayati Raj Act, 1994 short ‘the 1994 Act’), seeking to evict the petitioner from his shop the ground that such construction has been unauthorized petitioner on land belonging to the Panchayat. The primary ground on which impugned orders is that to evict the petitioner from the land in question the respondent Panchayat could and should not proceedings under Section 24(1) and 24(2) of the of any evidence which would establish the petitioner’ unauthorized possession over panchayat land and the reply filed by the petitioner to the impugned notices. In support of his IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH 17362-2025 (O&M) Date of Decision : 01.07.2025 …Petitioner …Respondents DEEPAK SIBAL HON’BLE MS. JUSTICE LAPITA BANERJI Mr. P.P.Chahar, Sr. DAG, Haryana. Gram Panchayat. Through the instant petition, challenge is made to the notices dated 05.06.2025 and 12.06.2025 issued by the respondent Gram Panchayat and 24(2) of the Haryana Panchayati Raj Act, 1994 (for ct the petitioner from his shop/land on the ground that such construction has been unauthorizedly made by the the petitioner challenges the is that to evict the petitioner from the land in question the not have resorted to summary proceedings under Section 24(1) and 24(2) of the 1994 Act particularly in which would establish the petitioner’s anchayat land and also without considering the reply filed by the petitioner to the impugned notices. In support of his VANDANA 2025.07.04 16:30 I attest to the accuracy and integrity of this document CWP-17362-2025 contentions, relian Court in Karambir and others Vs. State of Haryana and others RCR (civil) 435 herein below:- “6. be safely concluded, that when the proceedings drawn under and, when but evidence, in respect of encroachments being made upon summary proceedings, but may surface only in fully contested proceedings, launched under Therefore, the issuance of notic be made with the completest lack of application of mind and rather are rendered in a cryptic, slipshod and in an ill informed manner. 7. are concerned, may hence under concerned, hence seek the eviction of the encroachers concerned, from t drawings of notices(supra). On such a petition being filed before the Collector concerned, the latter shall but in accordance with law, and, after an opportunity of hearing being given to all the concerned, hence thereons rather positively within six months of its preferment. Till the said petition becomes instituted, there are directed to maintain status the disputed land. In case, the above petitio instituted before the Collector concerned, thereupon the respondents thereins, may institute an application therein claiming an apposite interim relief, and, thereons a lawful order shall be promptly passed by the Collector concerned, but after g However, it is clarified that the quashing of the notice(s) (supra) shall not be construed as an influencing consideration, by the Assistant Collector First Grade concerned. 3. Faced with the above, learned State counsel as well as learned counsel for the respondent instructions that the impugned notices dated 05.06.2025 and 12.06.2025 have been withdrawn. However, liberty to proceed against the petitioner under Section 7 of the Punjab 2025 (O&M) contentions, reliance is placed by learned counsel on a Karambir and others Vs. State of Haryana and others RCR (civil) 435; the relevant paragraphs of which judgment - “6. Thus, in view of the above summarized be safely concluded, that when the proceedings drawn under Section 24 of 'the 1994 Act', are but summary in nature, and, when but evidence, in respect of encroachments being made upon the petition lands, may not surface in the said summary proceedings, but may surface only in fully contested proceedings, launched under Section 7 Therefore, the issuance of notice(s) (supra) are construable to be made with the completest lack of application of mind and rather are rendered in a cryptic, slipshod and in an ill informed manner. 7. For the reasons (Supra), the impugned notice(s) (supra), are quashed and set aside. However, the Gram Panchayat concerned, may hence through a petition cast upon under Section 7 or 11 of the Act, before the Collector concerned, hence seek the eviction of the encroachers concerned, from the lands concerned, rather than through the drawings of notices(supra). On such a petition being filed before the Collector concerned, the latter shall but in accordance with law, and, after an opportunity of hearing being given to all the concerned, hence thereons rather positively within six months of its preferment. Till the said petition becomes instituted, there are directed to maintain status-quo, as of today, in respect of the disputed land. In case, the above petitio instituted before the Collector concerned, thereupon the respondents thereins, may institute an application therein claiming an apposite interim relief, and, thereons a lawful order shall be promptly passed by the Collector concerned, but after granting an opportunity of hearing to all the concerned. However, it is clarified that the quashing of the notice(s) (supra) shall not be construed as an influencing consideration, by the Assistant Collector First Grade concerned. Faced with the above, learned State counsel as well as learned counsel for the respondent-Gram Panchayat submit that they have clear instructions that the impugned notices dated 05.06.2025 and 12.06.2025 withdrawn. However, the respondent liberty to proceed against the petitioner under Section 7 of the Punjab learned counsel on a judgment of this Karambir and others Vs. State of Haryana and others 2023 (4) of which judgment are reproduced Thus, in view of the above summarized principles, it can be safely concluded, that when the proceedings drawn of 'the 1994 Act', are but summary in nature, and, when but evidence, in respect of encroachments being the petition lands, may not surface in the said summary proceedings, but may surface only in fully contested Section 7 or 11 of the 1961 Act. e(s) (supra) are construable to be made with the completest lack of application of mind and rather are rendered in a cryptic, slipshod and in an ill For the reasons (Supra), the impugned notice(s) (supra), wever, the Gram Panchayat through a petition cast upon or 11 of the Act, before the Collector concerned, hence seek the eviction of the encroachers he lands concerned, rather than through the drawings of notices(supra). On such a petition being filed before the Collector concerned, the latter shall but in accordance with law, and, after an opportunity of hearing being given to all the concerned, hence make a decision thereons rather positively within six months of its preferment. Till the said petition becomes instituted, there upto the parties quo, as of today, in respect of the disputed land. In case, the above petition becomes instituted before the Collector concerned, thereupon the respondents thereins, may institute an application therein claiming an apposite interim relief, and, thereons a lawful order shall be promptly passed by the Collector concerned, but ranting an opportunity of hearing to all the concerned. However, it is clarified that the quashing of the notice(s) (supra) shall not be construed as an influencing consideration, by the Assistant Collector First Grade concerned.” Faced with the above, learned State counsel as well as learned Gram Panchayat submit that they have clear instructions that the impugned notices dated 05.06.2025 and 12.06.2025 the respondent-Gram Panchayat be granted liberty to proceed against the petitioner under Section 7 of the Punjab VANDANA 2025.07.04 16:30 I attest to the accuracy and integrity of this document CWP-17362-2025 Village Common Lands (Regulation) Act, 1961 seeking therein the petitioner the respondent encroached upon. 4. The afore statement by the learned counsel for the respondents satisfies the learned counsel for the petitioner. 5. In the light of the above, the present petition is d with liberty to the respondent Gram Panchayat to initiate proceedings against the petitioner under Section 7 of the 1961 Act seeking therein his eviction with a further Grade before whom the respondent proceedings, to take a final decision on such application by the Gram Panchayat expeditiously but not later than 3 months from the date of its filing, in accordance with law. July 01, 2025 vandana Whether speaking/reasoned : Whether reportable : 2025 (O&M) Village Common Lands (Regulation) Act, 1961 seeking therein the petitioner’s eviction from the land which, according to the respondent-Gram Panchayat, the petitioner has unauthorizedly encroached upon. The afore statement by the learned counsel for the respondents satisfies the learned counsel for the petitioner. In the light of the above, the present petition is d liberty to the respondent Gram Panchayat to initiate proceedings against the petitioner under Section 7 of the 1961 Act seeking therein his eviction with a further direction to the concerned Assistant Collector First before whom the respondent-Gram Panchayat may initiate its to take a final decision on such application by the Gram Panchayat expeditiously but not later than 3 months from the date of its filing, in accordance with law. (DEEPAK SIBAL JUDGE (LAPITA BANERJI) JUDGE 5 Whether speaking/reasoned : Yes/No Whether reportable : Yes/No Village Common Lands (Regulation) Act, 1961 (for short ‘the 1961 Act’), s eviction from the land which, according to Panchayat, the petitioner has unauthorizedly The afore statement by the learned counsel for the respondents satisfies the learned counsel for the petitioner. In the light of the above, the present petition is disposed of liberty to the respondent Gram Panchayat to initiate proceedings against the petitioner under Section 7 of the 1961 Act seeking therein his oncerned Assistant Collector First Panchayat may initiate its above to take a final decision on such application which may be filed by the Gram Panchayat expeditiously but not later than 3 months from the DEEPAK SIBAL) JUDGE (LAPITA BANERJI) JUDGE Yes/No Yes/No VANDANA 2025.07.04 16:30 I attest to the accuracy and integrity of this document