CWP-20143-2026 [1] 129 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CWP-20143-2026 Date of decision: 07.07.2026 Sandeep Kumar ...Petitioner Versus State of Haryana and others ...Respondents CORAM: HON'BLE MR. JUSTICE VIKAS BAHL HON’BLE MR. JUSTICE SUBHAS MEHLA Present: Mr. Divyam Singh, Advocate for Mr. Kuldeep Singh Siwach, Advocate for the petitioner. Mr. Saurabh Mago, DAG, Haryana. **** VIKAS BAHL, J. (ORAL) 1. This is a Civil Writ Petition filed under Article 226/227 of the Constitution of India for the issuance of a writ in the nature of mandamus directing the respondents to consider the case of the petitioner in view of amendment in the Haryana Village Common Lands (Regulation) Act 1961 dated 12.12.2024 (Annexure P-3) and the SOP for regularisation of unauthorized constructed houses on shamlat land dated 07.04.2025 (Annexure P-4). 2. Learned counsel for the petitioner has submitted that respondent No.5-Gram Panchayat had filed a petition under Section 7(2) of the Haryana Village Common Lands (Regulation) Act, 1961 against the PAWAN KUMAR 2026.07.08 10:12 I attest to the accuracy and authenticity of this document CWP-20143-2026 [2] present petitioner and other persons and the said petition was allowed vide order dated 06.05.2025. It is submitted that the petitioner who is respondent No.4 therein was ex-parte. It is further stated that against the said order, revision petition has been filed before the Commissioner and the petitioner has also filed an application dated 09.03.2026 before the Sarpanch for the purpose of purchase of the land in question which as per the petitioner is three marlas in which he has constructed house and is in possession for the last 40 to 50 years. 3. Learned counsel for the petitioner has relied upon Notification dated 12.12.2024 to state that the case of the petitioner is covered by the said Notification. 4. Learned counsel for the respondents-State has submitted that as per the procedure, initially, the Gram Panchayat is to consider the application filed by the petitioner on the parameters which have been detailed in SOP dated 07.04.2025 and in case the Gram Panchayat passes a Resolution in favour of the petitioner then same has to be forwarded to various authorities and final decision is to be taken by the Director Panchayat. It is further submitted that in case the Gram Panchayat passes a Resolution in favour of the petitioner, then, final decision would be taken as expeditiously as possible preferably within a period of four months from the date the said Resolution is passed. Learned counsel for the respondents- State has further submitted that however, the petitioner should withdraw the revision petition filed before the Commissioner against the order dated 06.05.2025. 5. Learned counsel for the petitioner has submitted that the PAWAN KUMAR 2026.07.08 10:12 I attest to the accuracy and authenticity of this document CWP-20143-2026 [3] petitioner would withdraw the revision petition filed against the order dated 06.05.2025 in order to pursue the present application. It is however, prayed that till the time the said application dated 09.03.2026 is decided by the respondents, the status quo with respect to possession be maintained. 6. Learned counsel for the respondents-State has submitted that passing of the said interim order should not be construed as an expression of opinion on the merits of the case. 7. Keeping in view the abovesaid facts and circumstances and fair stand taken on behalf of the petitioner as well as respondent Nos.1 to 4, the present writ petition is disposed of with the following observations/directions:- i) The petitioner, as undertaken before this Court, would withdraw the revision petition filed before the Commissioner against the order dated 06.05.2025 within a period of two weeks from today. ii) Respondent No.5-Gram Panchayat would consider the application dated 09.03.2026 filed by the petitioner as expeditiously as possible preferably within a period of five weeks from today in accordance with law. iii) In case respondent No.5-Gram Panchayat passes a Resolution in favour of the petitioner, then, the said Resolution be forwarded in accordance with the settled procedure and the Director Panchayat is directed to pass a final order on the same within a period of four months from the date of receipt of recommendation, if any. iv) It is made clear that in case the Gram Panchayat does not recommend the case of the petitioner then no further decision would be required PAWAN KUMAR 2026.07.08 10:12 I attest to the accuracy and authenticity of this document CWP-20143-2026 [4] to be taken at the end of Director Panchayat. v) Till the time, the Gram Panchayat does not consider the case of the petitioner, status quo with respect to possession be maintained and in case Gram Panchayat recommends the case in favour of the petitioner then status quo order would continue till the time the final decision is taken by the Director Panchayat. vi) It is made clear that the said interim order should not be construed as an expression of opinion on the merits of the case and the authorities would consider the application filed by the petitioner independently, in accordance with law. (VIKAS BAHL) JUDGE (SUBHAS MEHLA) JUDGE 07.07.2026 Pawan Whether speaking/reasoned:- Yes/No Whether reportable:- Yes/No PAWAN KUMAR 2026.07.08 10:12 I attest to the accuracy and authenticity of this document