CWP-1567-2026 [130] Sodan Singh and others State of Haryana and others Coram : Present: PANKAJ JAIN [1] Constitution of India, nature of 14) passed by resp the petitioners has been dismissed. [2] since 1947. The petitioners earlier filed CWP possession as the Gove 2026 (O&M) IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CWP-1567 Date of Decision : Sodan Singh and others versus Haryana and others HON’BLE MR. JUSTICE PANKAJ JAIN Mr. D.S. Matya, Advocate for the petitioners. Ms. Upasna Dhawan, Asstt. A.G., Haryana. Mr. Jagdish Manchanda, Senior Mr. Nishchal Chetanya Manchanda, Mr. Shivam Gupta, Advocate Mr. Saksham Kaushik, Advocate for respondent No.5. Mr. Anil Kumar Rana, Advocate Mr. Harsh Rana, Advocate and Mr. Anupam Kakkar, Advocate for respondent Nos.6 to 12. **** PANKAJ JAIN, J. (ORAL) In the present writ petition, filed under Article 226 of the Constitution of India, the petitioners seek the issuance of a writ in the nature of certiorari for setting aside Order dated 11.09.2025 (Annexure P 14) passed by respondent No.2, whereby the statutory appeal preferred by the petitioners has been dismissed. The petitioners claim to be in possession of land in question since 1947. The petitioners earlier filed CWP possession as the Government allotted the land in question to IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH 1567-2026 (O&M) Date of Decision : 06.07.2026 …Petitioner ….Respondents PANKAJ JAIN Advocate for the petitioners. Ms. Upasna Dhawan, Asstt. A.G., Haryana. Mr. Jagdish Manchanda, Senior Advocate with Mr. Nishchal Chetanya Manchanda, Advocate Advocate and Advocate Advocate and Advocate present writ petition, filed under Article 226 of the seek the issuance of a writ in the for setting aside Order dated 11.09.2025 (Annexure P ondent No.2, whereby the statutory appeal preferred by The petitioners claim to be in possession of land in question since 1947. The petitioners earlier filed CWP-22216-2016 to protect their rnment allotted the land in question to Naai Samaj 1 present writ petition, filed under Article 226 of the seek the issuance of a writ in the for setting aside Order dated 11.09.2025 (Annexure P- ondent No.2, whereby the statutory appeal preferred by The petitioners claim to be in possession of land in question 2016 to protect their Naai Samaj. RAJNEESH SHARMA 2026.07.10 17:10 I agree to specified portions of this document CWP-1567-2026 The writ petition i.e. CWP 31.01.2024, observing as under: 2026 (O&M) The writ petition i.e. CWP-22216-2016 was disposed off vide Order dated 31.01.2024, observing as under:- “1. It is not in dispute amongst the contesting litigants, that the disputed lands became allotted to the members of the Naai Samaj in the year 1976. However, encumbrance free vacant possession of the said plots became not delivered to the members of the Naai Samaj concerned, thus, on account of the encroachments thereons rather being made by the present petitioners and others. 2. For ensuring the removal of the said made encroachments, on the disputed plots, the impugned notices dated 10.02.2016 (Annexures P-1) became issued upon the present petitioners rather by the Block Development and Panchayat Officer, concerned, thus for ensuring that therebys the vacant encumbrance free possession of the disputed lands becomes delivered to the allottees. 3. Apparently, the said notices are not backed by any validly made order of eviction nor also it is apparently clear whether that the said verdicts of eviction have acquired any enforceable finality and conclusively. Even the said fact is endorsed by the learned State counsel. Consequently, in the absence of any statutory backing becoming secured by the impugned notices, thereby they were as such not enforceable against the present petitioners, and/or, against other encroachers, upon, the disputed plots. 4. Though, in the above event, the impugned notices are liable to be quashed and set aside, but no direction can be passed upon the BDPO concerned or the Sarpanch of the Gram Panchayat concerned, to forthwith institute an eviction petition, thus, in terms of Section 7 of the Punjab Village Common Lands (Regulation) Act, 1961 as applicable to the State of Haryana, as it is today stated, at the bar by the learned State counsel, that as of now the relevant lands have transited from the territorial domain of the erstwhile Gram Panchayat concerned, onto the territorial domain of Municipal Corporation, Gurugram. Therefore, a direction is made upon the Executive Officer of the Municipal Corporation, Gurugram to, in terms of the provisions embodied in Sections 5 & 2016 was disposed off vide Order dated It is not in dispute amongst the contesting litigants, that the disputed lands became allotted to the members of the Naai Samaj in the year 1976. However, encumbrance free vacant possession of the said plots became not delivered to the members of the Naai Samaj concerned, thus, on account of the encroachments thereons rather being made by the present petitioners and others. For ensuring the removal of the said made encroachments, on the disputed plots, the impugned notices dated 10.02.2016 1) became issued upon the present petitioners rather by the Block Development and Panchayat Officer, concerned, thus for ensuring that therebys the vacant encumbrance free possession of the disputed lands becomes ly, the said notices are not backed by any validly made order of eviction nor also it is apparently clear whether that the said verdicts of eviction have acquired any enforceable finality y. Even the said fact is endorsed by the learned e counsel. Consequently, in the absence of any statutory backing becoming secured by the impugned notices, thereby they were as such not enforceable against the present petitioners, and/or, against other encroachers, upon, the disputed plots. in the above event, the impugned notices are liable to be quashed and set aside, but no direction can be passed upon the BDPO concerned or the Sarpanch of the Gram Panchayat concerned, to forthwith institute an eviction petition, thus, in terms 7 of the Punjab Village Common Lands (Regulation) Act, 1961 as applicable to the State of Haryana, as it is today stated, at the bar by the learned State counsel, that as of now the relevant lands have transited from the territorial domain of the Gram Panchayat concerned, onto the territorial domain of Municipal Corporation, Gurugram. Therefore, a direction is made upon the Executive Officer of the Municipal Corporation, Gurugram to, in terms of the provisions embodied in Sections 5 & 2 2016 was disposed off vide Order dated It is not in dispute amongst the contesting litigants, that the disputed lands became allotted to the members of the Naai Samaj in the year 1976. However, encumbrance free vacant possession of the said plots became not delivered to the members of the Naai Samaj concerned, thus, on account of the encroachments thereons For ensuring the removal of the said made encroachments, on the disputed plots, the impugned notices dated 10.02.2016 1) became issued upon the present petitioners rather by the Block Development and Panchayat Officer, concerned, thus for ensuring that therebys the vacant encumbrance free possession of the disputed lands becomes ly, the said notices are not backed by any validly made order of eviction nor also it is apparently clear whether that the said verdicts of eviction have acquired any enforceable finality y. Even the said fact is endorsed by the learned e counsel. Consequently, in the absence of any statutory backing becoming secured by the impugned notices, thereby they were as such not enforceable against the present petitioners, in the above event, the impugned notices are liable to be quashed and set aside, but no direction can be passed upon the BDPO concerned or the Sarpanch of the Gram Panchayat concerned, to forthwith institute an eviction petition, thus, in terms 7 of the Punjab Village Common Lands (Regulation) Act, 1961 as applicable to the State of Haryana, as it is today stated, at the bar by the learned State counsel, that as of now the relevant lands have transited from the territorial domain of the Gram Panchayat concerned, onto the territorial domain of Municipal Corporation, Gurugram. Therefore, a direction is made upon the Executive Officer of the Municipal Corporation, Gurugram to, in terms of the provisions embodied in Sections 5 & RAJNEESH SHARMA 2026.07.10 17:10 I agree to specified portions of this document CWP-1567-2026 [3] preferring respondents to evict the petitioners and to follow due procedure of law as contemplated under the Haryana Public Premises Land ( Recovery) Act, 1973. [4] Municipal Corporation. They are asserting their rights merely on the basis of long possession. [5] the land stands allotted to right to initiate eviction proceedings under and Land (Eviction and Rent Recovery) Act, 1973. [6] has been The Municipal Corporation encroachments [7] procedure of law and the petitioners have no right to continue on the land 2026 (O&M) 7 of the Haryana Public Premises and Land (Eviction and Rent Recovery) Act, 1973, institute an eviction petition before the Collector concerned, who after receiving the said petition, thus shall make a speaking decision thereon, but after hearing all affected persons concerned. The said petition shall be filed by the Executive Officer concerned, within a fortnight from today, and, the decision on the said petition shall be made in the above manner, but within three months from its preferment. 5. Disposed of accordingly The petitioners have already availed their remedies by preferring CWP-22216-2016, whereby liberty was granted to the respondents to evict the petitioners and to follow due procedure of law as contemplated under the Haryana Public Premises Land ( Recovery) Act, 1973. The petitioners do not dispute that Municipal Corporation. They are asserting their rights merely on the basis of long possession. Counsel for the petitioners submits that keeping in view that the land stands allotted to Naai Samaj, the Municipal authorities have no right to initiate eviction proceedings under and Land (Eviction and Rent Recovery) Act, 1973. The aforesaid argument is totally has been allotted to Naai Samaj, the possession is yet to be delivered. The Municipal Corporation is under a statutory duty encroachments and handover possession of land to the allottee(s). Keeping in view that the respondents have followed due procedure of law and the petitioners have no right to continue on the land yana Public Premises and Land (Eviction and Rent Recovery) Act, 1973, institute an eviction petition before the Collector concerned, who after receiving the said petition, thus shall make a speaking decision thereon, but after hearing all concerned. The said petition shall be filed by the Executive Officer concerned, within a fortnight from today, and, the decision on the said petition shall be made in the above manner, but within three months from its preferment. ly” he petitioners have already availed their remedies by , whereby liberty was granted to the respondents to evict the petitioners and to follow due procedure of law as contemplated under the Haryana Public Premises Land (Eviction and Rent The petitioners do not dispute that the land vests in the Municipal Corporation. They are asserting their rights merely on the basis oners submits that keeping in view that the Municipal authorities have no right to initiate eviction proceedings under the Haryana Public Premises and Land (Eviction and Rent Recovery) Act, 1973. totally misconceived. The land the possession is yet to be delivered. is under a statutory duty to remove such and handover possession of land to the allottee(s). Keeping in view that the respondents have followed due procedure of law and the petitioners have no right to continue on the land 3 yana Public Premises and Land (Eviction and Rent Recovery) Act, 1973, institute an eviction petition before the Collector concerned, who after receiving the said petition, thus shall make a speaking decision thereon, but after hearing all concerned. The said petition shall be filed by the Executive Officer concerned, within a fortnight from today, and, the decision on the said petition shall be made in the above he petitioners have already availed their remedies by , whereby liberty was granted to the respondents to evict the petitioners and to follow due procedure of law as Eviction and Rent land vests in the Municipal Corporation. They are asserting their rights merely on the basis oners submits that keeping in view that the Municipal authorities have no the Haryana Public Premises . The land the possession is yet to be delivered. such Keeping in view that the respondents have followed due procedure of law and the petitioners have no right to continue on the land RAJNEESH SHARMA 2026.07.10 17:10 I agree to specified portions of this document CWP-1567-2026 in question, this Court finds no merit in the present writ petition. The same is ordered to be [8] disposed off 06.07.2026 ‘R. Sharma' 2026 (O&M) in question, this Court finds no merit in the present writ petition. The same is ordered to be dismissed. All pending miscellaneous application(s), if any, stands disposed off. 06.07.2026 Whether speaking/ reasoned Whether reportable in question, this Court finds no merit in the present writ petition. The ng miscellaneous application(s), if any, stands (PANKAJ JAIN) JUDGE : Yes/No : Yes/No 4 in question, this Court finds no merit in the present writ petition. The ng miscellaneous application(s), if any, stands RAJNEESH SHARMA 2026.07.10 17:10 I agree to specified portions of this document