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2026 DAILYLAW 35795 (PNJ)

HARBAIL SINGH v. STATE OF HARYANA, THROUGH

CWP/25431/2026 · 2026-08-13

Subhas Mehla, Vikas Bahl

body2026

Judgment text

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CWP No.25431 of 2026 1 IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH 129 CWP No.25431 of 2026 Date of decision: August 13th, 2026 Harbail Singh .....Petitioner Versus State of Haryana and others .....Respondents CORAM: HON'BLE MR. JUSTICE VIKAS BAHL HON'BLE MR. JUSTICE SUBHAS MEHLA Present: Mr. Brijesh Kumar Jangra, Advocate for Mr. Sukhandeep Singh, Advocate for the petitioner. Mr. Pradeep Prakash Chahar, Additional Advocate General, Haryana. VIKAS BAHL, J. (ORAL) 1. In the headnote of the petition, following prayers have been made: “Writ Petition under Articles 226/227 of the Constitution of India with a prayer for issuance of an appropriate writ, order or direction, especially in the nature of Mandamus, directing the official respondents to execute/give effect to the order dated 27.08.1992 (Annexure P-1) passed in Case No.77/SDO/P by the Assistant Collector Ist Class, Pehowa, as upheld vide orders dated 23.01.2008 (Annexure P-4) and 14.08.2013 (Annexure P-5), and the Warrants of Possession/Dakhal Warrants dated 04.07.2025 (Annexure P-13) and 24.04.2026 (Annexure P-18), and to remove the illegal occupation/encroachment of the private respondents PUNEET SACHDEVA 2026.08.13 16:48 I attest to the accuracy and authenticity of this document Chandigarh CWP No.25431 of 2026 2 over the Shamilat Deh/Panchayat land of Village Shahpur, Tehsil Pehowa, District Kurukshetra, and to deliver vacant, unencumbered possession thereof to respondent No.8, in accordance with law, within a time-bound period, as this Hon'ble Court may deem fit and proper; OR To issue a writ in the nature of Certiorari, quashing Resolution No.1 dated 20.02.2026 (Annexure P-17) passed by the Gram Panchayat Shahpur, respondent No.8, being illegal, arbitrary and without jurisdiction, inasmuch as the same has been passed in the teeth of the pending and executable orders of eviction dated 27.08.1992 (Annexure P-1), as upheld vide orders dated 23.01.2008 (Annexure P- 4) and 14.08.2013 (Annexure P-5), and without following the due process of law/public auction envisaged under the Punjab Village Common Land (Regulation) Act, 1961; OR To issue any other writ, order or direction in favour of the petitioner which this Hon'ble Court may deem appropriate in view of the facts and circumstances of the case in the interest of justice.” 2. Learned counsel for the respondents has submitted that in the present case, against the resolution dated 20.02.2026, the petitioner has an alternate remedy to institute proceedings under Section 47 of The Haryana Panchayati Raj Act, 1994. 3. Learned counsel for the petitioner has submitted that in view of the same, the petitioner be permitted to withdraw the present petition with liberty to seek alternate remedy in accordance with law. PUNEET SACHDEVA 2026.08.13 16:48 I attest to the accuracy and authenticity of this document Chandigarh CWP No.25431 of 2026 3 4. Dismissed as withdrawn with the aforesaid liberty. (VIKAS BAHL) JUDGE August 13th, 2026 (SUBHAS MEHLA) Puneet JUDGE Whether speaking/reasoned : Yes Whether reportable : No PUNEET SACHDEVA 2026.08.13 16:48 I attest to the accuracy and authenticity of this document Chandigarh