IN THE HIGH COURT OF PUNJAB AND HARYANA (211) BALBIR AND SUMAN KADIAN AND CORAM: Present:- SUDEEPTI SHARMA 1. and violation of order dated Court in CWP 2. Court is reproduced as under: Annexure P the Gram Panchayat concerned, may hence though a petition cast upon un Section 7 or 11 of the 1961 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), and, or through the drawings of Annexures P 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 p instituted, thereupto the parties are directed to maintain status in respect of the disputed land. In case, the above petition becomes instituted before the Collector concerned, thereupon the resp an application therein claiming an apposite interim relief, and, thereons a lawful IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH BALBIR AND OTHERS Versus SUMAN KADIAN AND OTHERS CORAM: HON'BLE MRS. JUSTICE SUDEEPTI SHARMA Mr. Divyam Dhakla, Advocate for the petitioners. Mr. Sandeep Rawal, Advocate for Mr. Rakesh Gupta, Advocate for respondent No.3. Mr. Harish Nain, AAG, Haryana. ***** SUDEEPTI SHARMA, J. (Oral) The present contempt petition and violation of order dated 22.05.2023 Court in CWP-11200-2023. The relevant portion of order dated 22.05.2023 passed Court is reproduced as under:- “For the reasons (Supra), the impugned orders (Annexure P Annexure P-15), as well as notice(s) (supra), are quashed and set aside. However, the Gram Panchayat concerned, may hence though a petition cast upon un Section 7 or 11 of the 1961 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), and, or through the drawings of Annexures P-14 and P-15. 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 p instituted, thereupto the parties are directed to maintain status in respect of the disputed land. In case, the above petition becomes instituted before the Collector concerned, thereupon the resp an application therein claiming an apposite interim relief, and, thereons a lawful IN THE HIGH COURT OF PUNJAB AND HARYANA CHANDIGARH COCP-2478-2023 Date of Decision: 03.09.2025 ....Petitioners Versus ...Respondents HON'BLE MRS. JUSTICE SUDEEPTI SHARMA , Advocate for the petitioners. Mr. Sandeep Rawal, Advocate for Mr. Rakesh Gupta, Advocate for respondent No.3. Haryana. The present contempt petition has been filed for disobedience passed by Division Bench of this The relevant portion of order dated 22.05.2023 passed by this For the reasons (Supra), the impugned orders (Annexure P-14 and 15), as well as notice(s) (supra), are quashed and set aside. However, the Gram Panchayat concerned, may hence though a petition cast upon un Section 7 or 11 of the 1961 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), and, or through the drawings of . 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, thereupto the parties are directed to maintain status-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 .2025 for disobedience this by this 14 and 15), as well as notice(s) (supra), are quashed and set aside. However, the Gram Panchayat concerned, may hence though a petition cast upon under Section 7 or 11 of the 1961 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), and, or through the drawings of . 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 referment. Till the said petition becomes quo, as of today, in respect of the disputed land. In case, the above petition becomes instituted ondents thereins, may institute an application therein claiming an apposite interim relief, and, thereons a lawful MAHIMA 2025.09.09 10:21 I attest to the accuracy and integrity of this document Punjab and Haryana High Court, Chandigarh COCP-2478 order shall be promptly passed by the Collector concerned, but after granting an opportunity of hearing to all th quashing of the order(s) (Annexure P (supra) shall not be construed as an influencing consideration, by the Assistant Collector First Grade concerned 3. dated 22.05.2023 been filed Saha on behalf of respondent No.1 4. reproduced as under: and passing of the aforesaid order, Gram Panchayat Gagahari had taken over the physical possession of land the factum of ta recorded in Proceeding Register of Gram Panchayat dated 18.05.2023 (A copy of Gram Panchayat proceeding Register dated 18.05.2023 is annexed herewith as Annexure R Officer, Brara, being Duty Magistrate reported to the Deputy Commissioner, Ambala vide letter Memo No. 09 dated 18.05.2023. (Annexed herewith as Annexure R on 22.05.2023. 15.06.2023, forcefully entered in the land in question whereby respondent No. 4 ie Sarpanch of Gram Panchayat Gaganhari tried to stop them by stating status quo order of Hon'ble Court, through tractors tried to took possession over the land in question, upon which respondent No.4 immediately reported the matter to police and against whom FIR 224 dated 15.06.2023 registered under Secti Station Mullana (Copy of FIR 224 is attached as Annexure R land including land in question, a tiled suit under Section 13 Singh Collector, Ambala court has already been decided in favour of Gram Panchayat vide order dated 08.11.2023 (copy of order is attached as Annexure R 2478-2023 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 order(s) (Annexure P-14 and Annexure P (supra) shall not be construed as an influencing consideration, by the Assistant Collector First Grade concerned.” Learned State counsel contends that in compliance of order dated 22.05.2023, short reply by way of filed by Jogesh Kumar, Block Development and Panchayat Officer, on behalf of respondent No.1. The relevant portion of the reproduced as under:- “4.That the factual aspects are that before filing the above writ petition and passing of the aforesaid order, Gram Panchayat Gagahari had taken over the physical possession of land the factum of ta recorded in Proceeding Register of Gram Panchayat dated 18.05.2023 (A copy of Gram Panchayat proceeding Register dated 18.05.2023 is annexed herewith as Annexure R-1). 5. That after removing illegal possession, Horticultu Officer, Brara, being Duty Magistrate reported to the Deputy Commissioner, Ambala vide letter Memo No. 09 dated 18.05.2023. (Annexed herewith as Annexure R-2). As such the petitioners were no longer in physical possession as on 22.05.2023. 6. However, it is pertinent to mentioned that the petitioners on dated 15.06.2023, forcefully entered in the land in question whereby respondent No. 4 ie Sarpanch of Gram Panchayat Gaganhari tried to stop them by stating status quo order of Hon'ble Court, however petitioners refused to listen respondent No.4 through tractors tried to took possession over the land in question, upon which respondent No.4 immediately reported the matter to police and against whom FIR 224 dated 15.06.2023 registered under Secti Station Mullana (Copy of FIR 224 is attached as Annexure R 7.That, it is also worthwhile to submit that regarding Gram Panchayat land including land in question, a tiled suit under Section 13 Singh and others Vs. Gram Panchayat Ganganhari which was pending in Ld. Collector, Ambala court has already been decided in favour of Gram Panchayat vide order dated 08.11.2023 (copy of order is attached as Annexure R -2- order shall be promptly passed by the Collector concerned, but after granting an e concerned. However, it is clarified that the 14 and Annexure P-15), besides notice(s) (supra) shall not be construed as an influencing consideration, by the Assistant State counsel contends that in compliance of order short reply by way of an affidavit dated 28.11.2024 velopment and Panchayat Officer, f the affidavit dated 28.11.2024 “4.That the factual aspects are that before filing the above writ petition and passing of the aforesaid order, Gram Panchayat Gagahari had taken over the physical possession of land the factum of taking physical possession has been recorded in Proceeding Register of Gram Panchayat dated 18.05.2023 (A copy of Gram Panchayat proceeding Register dated 18.05.2023 is annexed herewith as 5. That after removing illegal possession, Horticulture Development Officer, Brara, being Duty Magistrate reported to the Deputy Commissioner, Ambala vide letter Memo No. 09 dated 18.05.2023. (Annexed herewith as 2). As such the petitioners were no longer in physical possession as 6. However, it is pertinent to mentioned that the petitioners on dated 15.06.2023, forcefully entered in the land in question whereby respondent No. 4 ie Sarpanch of Gram Panchayat Gaganhari tried to stop them by stating status quo however petitioners refused to listen respondent No.4 through tractors tried to took possession over the land in question, upon which respondent No.4 immediately reported the matter to police and against whom FIR 224 dated 15.06.2023 registered under Sections 12., 447, 511 IPC in the Police Station Mullana (Copy of FIR 224 is attached as Annexure R-3). That, it is also worthwhile to submit that regarding Gram Panchayat land including land in question, a tiled suit under Section 13-A titled as Umrao and others Vs. Gram Panchayat Ganganhari which was pending in Ld. Collector, Ambala court has already been decided in favour of Gram Panchayat vide order dated 08.11.2023 (copy of order is attached as Annexure R-4).” order shall be promptly passed by the Collector concerned, but after granting an e concerned. However, it is clarified that the 15), besides notice(s) (supra) shall not be construed as an influencing consideration, by the Assistant State counsel contends that in compliance of order has velopment and Panchayat Officer, affidavit dated 28.11.2024 is “4.That the factual aspects are that before filing the above writ petition and passing of the aforesaid order, Gram Panchayat Gagahari had taken over the king physical possession has been recorded in Proceeding Register of Gram Panchayat dated 18.05.2023 (A copy of Gram Panchayat proceeding Register dated 18.05.2023 is annexed herewith as re Development Officer, Brara, being Duty Magistrate reported to the Deputy Commissioner, Ambala vide letter Memo No. 09 dated 18.05.2023. (Annexed herewith as 2). As such the petitioners were no longer in physical possession as 6. However, it is pertinent to mentioned that the petitioners on dated 15.06.2023, forcefully entered in the land in question whereby respondent No. 4 ie Sarpanch of Gram Panchayat Gaganhari tried to stop them by stating status quo however petitioners refused to listen respondent No.4 through tractors tried to took possession over the land in question, upon which respondent No.4 immediately reported the matter to police and against whom FIR ons 12., 447, 511 IPC in the Police That, it is also worthwhile to submit that regarding Gram Panchayat A titled as Umrao and others Vs. Gram Panchayat Ganganhari which was pending in Ld. Collector, Ambala court has already been decided in favour of Gram Panchayat MAHIMA 2025.09.09 10:21 I attest to the accuracy and integrity of this document Punjab and Haryana High Court, Chandigarh COCP-2478 5. by Division Bench of complied with. This fact is not disputed petitioners. 6. 7. 03.09.2025 mahima 2478-2023 A perusal of above shows that Division Bench of this Court in CWP complied with. This fact is not disputed petitioners. In view of the same, contempt is purged, r Pending application(s) if any, also stands disposed of. .2025 Whether speaking/reasoned Whether reportable -3- A perusal of above shows that order dated 22.05.2023 passed this Court in CWP-11200-2023 has already been complied with. This fact is not disputed by learned counsel for the contempt is purged, rule is discharged. Pending application(s) if any, also stands disposed of. (SUDEEPTI SHARMA) JUDGE Yes/No Yes/No passed been learned counsel for the MAHIMA 2025.09.09 10:21 I attest to the accuracy and integrity of this document Punjab and Haryana High Court, Chandigarh