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IN THE HIGH COURT OF PUNJAB AND HARYANA
SANJAY KUMAR
STATE OF PUNJAB AND OTHERS
CORAM: Present :
HARSH BUNGER, J. [ORAL]
226/227 of the Constitution of India, is the nature of application for sanctioning the mutation in the demise of his father. 2. Babu Ram had purchased (Annexure P (Annexure P and petitioner claims to be the 2.1
a younger brother, who was married IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
SANJAY KUMAR
Versus
STATE OF PUNJAB AND OTHERS
HON’BLE MR. JUSTICE HARSH BUNGER
Mr. Karan Choudhary, Advocate
for the petitioner. Mr. Harpreet Singh, A.A.G., Punjab. HARSH BUNGER, J. [ORAL]
Prayer in the present writ petition, filed under Articles 226/227 of the Constitution of India, is, inter alia the nature of mandamus, for directing respondents No.2 and 3 to application for sanctioning the mutation in the demise of his father. Briefly, the case of the petitioner is that his Babu Ram had purchased 06 marlas vide Sale Deed dated 15.04.1985 (Annexure P-1) and another 16 marlas vide Sale Deed dated 14.07.1986 (Annexure P-2). Petitioner’s father is stated to have expired on 05.07.2021 and petitioner claims to be the only legal heir. It is further averred in the writ petition that the petitioner ha a younger brother, who was married and had a son; however, his brother IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
CWP-25591-2025 (O&M) Date of decision :08.09.2025
…Petitioner
…Respondents HON’BLE MR. JUSTICE HARSH BUNGER Mr. Karan Choudhary, Advocate Mr. Harpreet Singh, A.A.G., Punjab. Prayer in the present writ petition, filed under Articles inter alia, for issuance of a writ in directing respondents No.2 and 3 to allow the application for sanctioning the mutation in the name of the petitioner after the case of the petitioner is that his father namely, vide Sale Deed dated 15.04.1985 vide Sale Deed dated 14.07.1986 2). Petitioner’s father is stated to have expired on 05.07.2021 only legal heir. It is further averred in the writ petition that the petitioner had and had a son; however, his brother 3
2025 (O&M) Date of decision :08.09.2025 Prayer in the present writ petition, filed under Articles for issuance of a writ in allow the after father namely, vide Sale Deed dated 15.04.1985 vide Sale Deed dated 14.07.1986 2).
Petitioner’s father is stated to have expired on 05.07.2021 d and had a son; however, his brother GURPREET KAUR 2025.09.17 14:11 I attest to the accuracy and authenticity of this order/judgment High Court, Sector-1, Chandigarh
expired many years ago and his wife and children have already left the matrimonial home and shifted to some undisclosed place. 2.2
Petitioner claims that his father Babu Ram, during his life time, had executed a registered Will dated 17.08.2015 (Annexure P-4) in his favour. It is stated by the petitioner that after the death of his father, he had approached the revenue authorities by way of an application for sanctioning the mutation of his inheritance in the name of the petitioner; however, no action has been taken on the said application. 2.3
In para No.4 of the writ petition, the petitioner has made the following averment :-
“4. That the land measuring 16 Marlas was acquired by the Improvement Trust Gurdaspur and remaiing 6 Marla was left at the spot by the Improvement Trust. However, there was a dispute between the petitoner’s father and one Bawa Dass and Raman Kumar regarding the land but there is no dispute that the specific share of the land of the petitioner exist at the spot and this has already been admitted by the Revenue Authority...” 2.4
On the basis of the afore-said averments, the petitioner has filed the present writ petition before this Court. 3. Heard. 4. A perusal of the above extracted para No.4 of the writ petition would show that the land measuring 16 marlas was acquired by the Improvement Trust, Gurdaspur and the petitioner claims that remaining 06 marlas was left at the spot by the Improvement Trust.
Apparently, it appears that the total land purchased by the father of the petitioner was subject matter of acquisition by the Improvement Trust, although, the petitioner claims that 06 marlas of area is still available as the same was left by the Improvement Trust; however, the petitioner has neither placed GURPREET KAUR 2025.09.17 14:11 I attest to the accuracy and authenticity of this order/judgment High Court, Sector-1, Chandigarh
on record any material/document in support of the afore-said assertion nor any document has been shown during the course of the hearing. 5. In my considered view, in the absence of complete facts and the relevant material/documents in support of the assertions made by the petitioner, it is not possible for this Court to appreciate the
contentions/prayer made on behalf of the petitioner. Resultantly, the instant writ petition is dismissed; however, leaving it open to the petitioner to agitate his claim before the Civil Court, in accordance with law.
6.
All pending applications (if any) shall also stand closed.
September 08, 2025
(HARSH BUNGER) gurpreet
JUDGE Whether speaking/reasoned:
Yes/No Whether reportable:
Yes/No
GURPREET KAUR 2025.09.17 14:11 I attest to the accuracy and authenticity of this order/judgment High Court, Sector-1, Chandigarh