CWP-13846 IN THE HIGH COURT OF PUNJAB AND HARYANA AT 114 JAGDISH KUMAR (SINCE DECEASED) THROUGH HIS LEGAL HEIR & ORS. UNION OF INDIA & ORS. CORAM: HON'BLE MR. JUSTICE Present: SUVIR SEHGAL 1. of a writ of shops were reconstruct the shop rehabilitation benefits. 2. 3. appended with the petition that of action, matter of CWP of India and others 13846-2026 (O & M) IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CWP Date of decision JAGDISH KUMAR (SINCE DECEASED) THROUGH HIS LEGAL HEIR & ORS. VERSUS UNION OF INDIA & ORS. CORAM: HON'BLE MR. JUSTICE SUVIR SEHGAL HON'BLE MR. JUSTICE VIKAS SURI Mr. Deepak Kumar Mehta, Advocate for the petitioners. Mr. Akash Vashisth, Advocate, for respondents No.1 and 2. *** SUVIR SEHGAL, J. Petitioners have approached this of a writ of certiorari for quashing of action of respondents ere demolished and for a mandamus granting reconstruct the shops. Petitioners have also sought damages as w rehabilitation benefits. Counsel for the petitioners has been heard At the outset, it emerges from the pleadings and documents appended with the petition that present petition arises out of the same cause , namely, demolition of shops on 28 matter of CWP-8647-2001 titled as Gurba of India and others. Petitioners have disclosed that -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CWP-13846-2026 (O & M) ate of decision:27.05.2026 JAGDISH KUMAR (SINCE DECEASED) THROUGH HIS LEGAL ...PETITIONERS VERSUS ...RESPONDENTS SUVIR SEHGAL VIKAS SURI Mr. Deepak Kumar Mehta, Advocate Mr. Akash Vashisth, Advocate, etitioners have approached this Court, inter alia, for issuance of action of respondents, whereby the and for a mandamus granting permission to etitioners have also sought damages as well as s has been heard. from the pleadings and documents present petition arises out of the same cause ition of shops on 28.05.2001, which was subject Gurbax Singh and others versus Union etitioners have disclosed that earlier writ petition for issuance whereby their permission to ell as from the pleadings and documents present petition arises out of the same cause which was subject Singh and others versus Union petition SHEETAL 2026.06.01 11:01 I attest to the accuracy and authenticity of this order/judgment High Court, Chandigarh CWP-13846 concerning the same demolition action was judgment dated against the said judgment was dismissed on contempt petition bearing COCP compliance of order withdrawn with liberty to avail remedies 4. examined the controversy relating to shops situated on defence land and had issued some directions 5. claimed in the earlier round of of facts that is alleged demolition action be permitted to available for adjudication in 6. judicial proceedings. O action has been finally adjudicated or substantially similar relief on the same factual foundation is not maintainable. S Court. Liberty granted wh 13846-2026 (O & M) concerning the same demolition action was judgment dated 07.02.2019, Annexure P- against the said judgment was dismissed on contempt petition bearing COCP-732-2026 compliance of order, Annexure P-6, which came to be dismissed as withdrawn with liberty to avail remedies in accordance with law. A perusal of judgment, Annexure P examined the controversy relating to shops situated on defence land and had issued some directions. The operative part of the judgment reads as under “We, therefore, direction to the Union of India to proceed in accordance with law against the lessees in the event of their wanting to retrieve the land. So far as unauthorized occupants are concerned, they cannot be protected by any The reliefs claimed in the present petition are identical to those claimed in the earlier round of litigation and are founded of facts that is alleged demolition action in be permitted to re-agitate issues, which either stood decided or were available for adjudication in the earlier round of litigation. It is a settled principle of law judicial proceedings. Once a writ petition arising out of a particular action has been finally adjudicated, a subsequent petition seeking the same or substantially similar relief on the same factual foundation is not able. Such a course would amount to iberty granted while dismissing the contempt petition cannot be -2- concerning the same demolition action was decided by this Court vide -6. An application for review filed against the said judgment was dismissed on 06.05.2019, Annexure P-7. 2026 was thereafter filed alleging non which came to be dismissed as in accordance with law. , Annexure P-6, shows that this Court had examined the controversy relating to shops situated on defence land and had part of the judgment reads as under: , dispose of these petitions with a direction to the Union of India to proceed in accordance with law against the lessees in the event of their wanting o far as unauthorized occupants are they cannot be protected by any order.” he reliefs claimed in the present petition are identical to those litigation and are founded upon the same set in the year 2001. Petitioners cannot which either stood decided or were the earlier round of litigation. of law that there must be finality to petition arising out of a particular cause of a subsequent petition seeking the same or substantially similar relief on the same factual foundation is not would amount to an abuse of the process of the ile dismissing the contempt petition cannot be vide n application for review filed 7. A alleging non- which came to be dismissed as ourt had examined the controversy relating to shops situated on defence land and had :- dispose of these petitions with a direction to the Union of India to proceed in accordance with law against the lessees in the event of their wanting o far as unauthorized occupants are he reliefs claimed in the present petition are identical to those the same set s cannot which either stood decided or were inality to cause of a subsequent petition seeking the same or substantially similar relief on the same factual foundation is not process of the ile dismissing the contempt petition cannot be SHEETAL 2026.06.01 11:01 I attest to the accuracy and authenticity of this order/judgment High Court, Chandigarh CWP-13846 construed as permission to re proceedings culminated with dismissal of avail such remedies as may otherwise be a right to seek re 7. present petition is not maintainable and deserves to be dismissed with costs which are Forces Flag Day Fund, Account No.65239030799, SBI IFSC Code 8. 9. 27.05.2026 sheetal 13846-2026 (O & M) construed as permission to re-open issues proceedings culminated with passing of judgment, dismissal of the review application. The said liberty was only available to avail such remedies as may otherwise be a right to seek re-adjudication of the matters already concluded. In view of the above, we are of the considered opinion that present petition is not maintainable and deserves to be dismissed with costs are quantified at Rs.10,000/-. Cost Forces Flag Day Fund, Account No.65239030799, SBI IFSC Code-SBIN0051273, within a period of For the fore-going reasons, writ Pending miscellaneous application shall also stand dispos .2026 Whether Speaking/reasoned Yes/No Whether Reportable Yes/No -3- open issues, which have become final in the passing of judgment, Annexure P-6, and he said liberty was only available to avail such remedies as may otherwise be available in law and did not confer f the matters already concluded. we are of the considered opinion that present petition is not maintainable and deserves to be dismissed with costs ost shall be deposited with Armed Forces Flag Day Fund, Account No.65239030799, SBI-20D, Chandigarh, within a period of one month from today. , writ petition is dismissed. ending miscellaneous application shall also stand disposed of. (SUVIR SEHGAL) JUDGE (VIKAS SURI) JUDGE Yes/No Yes/No which have become final in the and he said liberty was only available to in law and did not confer we are of the considered opinion that present petition is not maintainable and deserves to be dismissed with costs, Armed 20D, Chandigarh, ed of. SHEETAL 2026.06.01 11:01 I attest to the accuracy and authenticity of this order/judgment High Court, Chandigarh