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2064 DAILYLAW 2 (PNJ)

GRAM PANCHAYAT MEHANGERWAL v. AASHIKA JAIN, DEPUTY COMMISSIONER, HOSHIARPUR

COCP/2064/2026 · 2026-05-25

Vikas Bahl

Contempt Petitionbody2064

Judgment text

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COCP-2064-2026 (O&M) [1] 108 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH COCP-2064-2026 (O&M) Date of decision: 25.05.2026 Gram Panchayat Mehangerwal ...Petitioner Versus Aashika Jain ...Respondent CORAM: HON'BLE MR. JUSTICE VIKAS BAHL Present: Mr. Krishan Singh Dadwal, Advocate for the petitioner. Mr. Sandeep Singh, AAG, Punjab. Mr. Ishnoor Singh, Advocate for Mr. Vikram Singh, Advocate for the respondent. (In CM-11231-CII-2026) **** VIKAS BAHL, J. (ORAL) 1. This is a Contempt Petition filed under Section 12 of the Contempt of Courts Act, 1971 read with Article 215 of the Constitution of India for initiation of contempt proceedings against the respondent for her willful and intentional disobedience of the order dated 03.08.2023 (Annexure P-1) passed by the Coordinate Bench of this Court. 2. On 03.08.2023, a Coordinate Bench of this Court was pleased to dispose of the writ petition with the following observations:- “After hearing counsel for the parties and perusing the record, it is apparent that the report has already been submitted before this Court in pursuance to order dated PAWAN KUMAR 2026.05.26 15:23 I attest to the accuracy and authenticity of this document COCP-2064-2026 (O&M) [2] 13.11.2020 as contended by counsel for the petitioner. Thus, no further issue remains to be adjudicated at this stage. However, petitioner is at liberty to avail his remedies if so advised in accordance with law. He has already filed a representation in which the Deputy Commissioner has directed for the assessment of the loss. Accordingly, petition is disposed of with direction to the Deputy Commissioner to conclude the proceedings initiated for the assessment (supra) preferably within three months, as in accordance with law.” 3. Learned counsel for the respondent-State has submitted that in pursuance of order dated 03.08.2023 passed by the Coordinate Bench of this Court, a speaking order dated 22.05.2026 has been passed which has been annexed as Annexure R-1 along with compliance report dated 24.05.2026. Relevant portion of the said speaking order dated 22.05.2026 is reproduced hereinbelow:- “In view of the above clear facts, I, Ashika Jain, I.A.S., Deputy Commissioner, Hoshiarpur, pass the order that in compliance with the judgment dated 22/08/2023 of the Hon'ble Punjab and Haryana High Court, Chandigarh, in CWP No. 11320 of 1991, while restoring Mutation No. 903, the ownership of the Panchayat land has been transferred as 'Shamlat Deh' according to Mutation numbers 1647 and 1648. Despite the stay imposed on the cutting of trees by the Hon'ble Punjab and Haryana High Court, Chandigarh, in CWP No. 11320 of 1991 on dated 30/06/1993 and dated 24/09/2011, regarding the loss caused to the Gram Panchayat due to the cutting of trees by the individuals occupying the land, its assessment has been made by the Divisional Forest Officer, Hoshiarpur, amounting to 71,80,717/-. Regarding the recovery/compensation for the said loss, the District PAWAN KUMAR 2026.05.26 15:23 I attest to the accuracy and authenticity of this document COCP-2064-2026 (O&M) [3] Development and Panchayat Officer (DDPO), Hoshiarpur, is bound and directed to initiate further appropriate legal action and complete the said proceedings within 2 months, and submit a report to the undersigned. With the above self-explanatory orders, compliance is hereby made with the order dated 03/08/2023 passed by the Hon'ble Punjab and Haryana High Court, Chandigarh, in Civil Writ Petition CWP No. 21844 of 2020. Order pronounced” 4. Learned counsel for the respondent-State has further submitted that even the District Development and Panchayat Officer has been directed to initiate further appropriate legal action and to complete the proceedings within a period of two months and to submit a report. Learned counsel for the respondent-State has also submitted that costs of Rs.15,000/- has been paid to the petitioner which fact has been reaffirmed by the learned counsel for the petitioner. 5. Learned counsel for the petitioner has submitted that with respect to certain aspects of the said report, the petitioner is not satisfied and thus, although the present contempt petition be disposed of but liberty be granted to the petitioner to seek alternative remedy in accordance with law in order to redress his grievance. 6. Keeping in view the abovesaid facts and circumstances, the present contempt petition is disposed of with liberty aforesaid. CM-11231-CII-2026 7. This is an application filed under Order 1 Rule 10 CPC read with Section 151 of CPC for impleading Vinod Kumar, aged 70 years, son of Ram Parkash, resident of Village Mehangarwal, Block Bhunga, District PAWAN KUMAR 2026.05.26 15:23 I attest to the accuracy and authenticity of this document COCP-2064-2026 (O&M) [4] Hoshiarpur, Vijay Kumar, aged 73 years, son of Karam Chand, resident of Village Mehangarwal, Block Bhunga, District Hoshiarpur and Ashok Kumar, aged 60 years, son of Thakur Dass, resident of Village Mehangarwal, Block Bhunga, District Hoshiarpur as respondent No. 2 to 4 being necessary parties. 8. Learned counsel for the applicants has submitted that there are several factors which have not been disclosed by the contempt petitioner. It is however submitted that since the speaking order has already been passed by the respondent-State, thus, the applicants be permitted to withdraw the present application with liberty to challenge the said speaking order or to seek appropriate remedy in accordance with law with respect to their grievance. 9. Ordered accordingly. 10. It is made clear that this Court has not expressed any opinion on the merits of any challenge/proceedings which the petitioner or applicants in CM-11231-CII-2026 wish to institute/initiate and in case any such challenge/proceedings are instituted, it would be open to all the parties concerned to raise all the pleas which would be considered independently by the competent Court. 11. All the pending miscellaneous applications, if any, shall stand disposed of in view of the abovesaid order. 25.05.2026 (VIKAS BAHL) Pawan JUDGE Whether speaking/reasoned:- Yes/No Whether reportable:- Yes/No PAWAN KUMAR 2026.05.26 15:23 I attest to the accuracy and authenticity of this document