Des Raj and ors. Des Raj and ors v. Amit Kumar, DC SBS Nagar and ors. Amit Kumar, DC SBS Nagar and ors
Case Details
COCP-1294 1294-2018 (O&M) [1] 105 IN THE HIGH COURT OF PUNJAB AND HARYANA AT IN THE HIGH COURT OF PUNJAB AND HARYANA AT IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CHANDIGARH COCP No. COCP No. 1294-2018 (O&M) Date of Decision: 08.07.2025 Date of Decision: Des Raj and ors. Des Raj and ors. ...Petitioners VERSUS Amit Kumar, DC SBS Nagar and ors. Amit Kumar, DC SBS Nagar and ors. Amit Kumar, DC SBS Nagar and ors. ...Respondents ...Respondent
Legal Reasoning
HARKESH MANUJA CORAM: HON'BLE MR. JUSTICE HARKESH MANUJA CORAM: HON'BLE MR. JUSTICE r. Naresh Kumar, Advocate for Present : Mr. Naresh Kumar, Advocate for Present : Mr. K.S. Dadwal, Advocate for the petitioners. Mr. K.S. Dadwal, Advocate for the petitioners. Mr. Gunjan Mehta, Addl.A.G., Punjab with Mr. Gunjan Mehta, Addl.A.G., Punjab Ms. Nidhi Sinha, DDPO, SBS Nagar in person. Ms. Nidhi Sinha, DDPO, SBS Nagar in person. Mr.Vipan Kumar, BDPO, Balachaur, , Balachaur, in person. Mr. Ankurjeet Singh, DC, SBS Nagar, through VC Mr. Ankurjeet Singh, DC, SBS Nagar, through VC Mr.Inderpal Singh, SDM, SBS Nagar, through VC Mr.Inderpal Singh, SDM, SBS Nagar, through VC Ms.Sukhbir Kaur, Tehsildar, Balachaur through VC Ms.Sukhbir Kaur, Tehsildar, Balachaur through VC **** HARKESH MANUJA, J. (ORAL) HARKESH MANUJA, By way of present petition filed under Section 12 of the By way of present petition filed under Section 12 of the By way of present petition filed under Section 12 of the read with Article 215 of the Constitution Contempt of Courts Act, 1971 read with Article 215 of the Constitution read with Article 215 of the Constitution Contempt of Courts Act, 1971 of of proceedings are sought India, proceedings are sought proceedings are sought India, to be to be to be initiated against initiated against initiated against the the the compliance of order respondents on account of alleged willful non-compliance of order respondents on account of alleged willful non respondents on account of alleged willful non dated 06.10.2016 06.10.2016 passed by this Court in passed by this Court in FAO-8027-2015. Th . The relevant part thereof is extracted hereunder:- relevant part thereof is extracted hereunder: relevant part thereof is extracted hereunder: “17. In In In the the the light of light of light of the peculiar the peculiar the peculiar facts and facts and facts and circumstances of the present case, this Court is circumstances of the present case, this Court is circumstances of the present case, this Court is of the considered view that the appellant of the considered view that the appellant of the considered view that the appellant cannot be said to be in illegal possession of the cannot be said to be in illegal possession of the cannot be said to be in illegal possession of the Gram Panchayat land especially when nothing Gram Panchayat land especially when nothing Gram Panchayat land especially when nothing would has been brought on record which would has been brought on record which indicate that the appellant is not eligible for the indicate that the appellant is not eligible for the indicate that the appellant is not eligible for the SANJAY GUPTA 2025.07.09 12:52 I attest to the accuracy and integrity of this document COCP-12941294-2018 (O&M) [2] benefit of the Policy/Scheme dated 14.08.2008 benefit of the Policy/Scheme dated 14.08.2008 benefit of the Policy/Scheme dated 14.08.2008 framed by the Government of Punjab which framed by the Government of Punjab which framed by the Government of Punjab which has been has been has been implemented. The competent implemented. The competent implemented. The competent authorities because of their lack luster and authorities because of their lack luster and authorities because of their lack luster and n full effect to casual approach have not given full effect to casual approach have not give the the the aforesaid aforesaid aforesaid Policy/Scheme. Policy/Scheme. Policy/Scheme. The The The Policy/Scheme dated 14.08.2008 cannot be Policy/Scheme dated 14.08.2008 cannot be Policy/Scheme dated 14.08.2008 cannot be frustrated because of the officials as the intent frustrated because of the officials as the intent frustrated because of the officials as the intent and purpose was to give the downtrodden their and purpose was to give the downtrodden their and purpose was to give the downtrodden their democratic democratic democratic constitutional constitutional constitutional right right right i.e. due i.e. due i.e. due anchayat. It may representation in the Gram Panchayat. It may representation in the Gram P be added here that even respondent No. 2 is be added here that even respondent No. 2 is be added here that even respondent No. 2 is having his house on the Gram Panchayat land having his house on the Gram Panchayat land having his house on the Gram Panchayat land and is similarly placed as the appellant. Going and is similarly placed as the appellant. Going and is similarly placed as the appellant. Going by the Resolution of the Gram Panchayat dated by the Resolution of the Gram Panchayat dated by the Resolution of the Gram Panchayat dated 6) giving details of the 01.10.2008 (Ex. R-6) giving details of the 01.10.2008 (Ex. R uled Caste eligible Scheduled Caste eligible Sched and Bazigar and Bazigar community would render the village without any community would render the village without any community would render the village without any Gram Panchayat at all, which is contrary to the Gram Panchayat at all, which is contrary to the Gram Panchayat at all, which is contrary to the spirit of the Policy/Scheme dated 14.08.2008. spirit of the Policy/Scheme dated 14.08.2008. Keeping in view the above observations of this 18. Keeping in view the above observations of this Keeping in view the above observations of this other Court, it is held that the appellant and other Court, it is held that the appellant and similarly placed villagers, who have been found similarly placed villagers, who have been found similarly placed villagers, who have been found to be eligible for issuance of the certificate of to be eligible for issuance of the certificate of to be eligible for issuance of the certificate of ownership, are not in illegal possession of the ownership, are not in illegal possession of the ownership, are not in illegal possession of the Gram Panchayat land. For no fault of theirs, Gram Panchayat land. For no fault of theirs, Gram Panchayat land. For no fault of theirs, they cannot be penalized and, therefore, the they cannot be penalized and, therefore, the they cannot be penalized and, therefore, the ormalities having been completed process and formalities having been completed ormalities having been completed in the year 2011, the competent authority in the year 2011, the competent authority in the year 2011, the competent authority should have issued the ownership certificates should have issued the ownership certificates should have issued the ownership certificates to not only the appellant but other similarly to not only the appellant but other similarly to not only the appellant but other similarly situated persons, who have been found eligible situated persons, who have been found eligible situated persons, who have been found eligible for as per the Policy/Scheme dated 14.08.2008 for as per the Policy/Scheme dated 14.08.2008 issuance of the certificate of ownership. Let the issuance of the certificate of ownership. Let the issuance of the certificate of ownership. Let the SANJAY GUPTA 2025.07.09 12:52 I attest to the accuracy and integrity of this document COCP-1294 1294-2018 (O&M) [3] competent authority competent authority competent authority issue issue issue the ownership the ownership the ownership certificates to all eligible persons including the certificates to all eligible persons including the certificates to all eligible persons including the appellant and respondent No. 2 within a period appellant and respondent No. 2 within a period appellant and respondent No. 2 within a period of six weeks' from today. of six weeks' from today. 19.
Decision
s, as recorded In view of the above, the findings, as recorded In view of the above, the finding Election by the SubDivisional Magistrate-cum-Election by the SubDivisional Magistrate Tribunal, Nawan Shahar in the impugned order Tribunal, Nawan Shahar in the impugned order Tribunal, Nawan Shahar in the impugned order 2015 is set aside and the election dated 09-11-2015 is set aside and the election 2015 is set aside and the election petition, as preferred by respondent No. 2- petition, as preferred by respondent No. 2 petition, as preferred by respondent No. 2 Arjun Dass, stands dismissed. Election of the Arjun Dass, stands dismissed. Election of the Arjun Dass, stands dismissed. Election of the rpanch of Village Haddon Bet, appellant as Sarpanch of Village Haddon Bet, appellant as Sa Tehsil Balachaur, District Shaheed Bhagat Tehsil Balachaur, District Shaheed Bhagat Tehsil Balachaur, District Shaheed Bhagat Singh Nagar, held on 03.07.2013 is hereby Singh Nagar, held on 03.07.2013 is hereby Singh Nagar, held on 03.07.2013 is hereby upheld. The appeal stands allowed.” The appeal stands allowed.” 2. Today, during the course of hearing, Mr.Ankurjeet Singh, Today, during the course of hearing, Mr.Ankurjeet Singh, Today, during the course of hearing, Mr.Ankurjeet Singh, e proceedings Deputy Commissioner, SBS Nagar has joined the proceedings Deputy Commissioner, SBS Nagar has joined th Deputy Commissioner, SBS Nagar has joined th through Video Conferencing and submits that the petitioners are not through Video Conferencing and submits that the petitioners are not through Video Conferencing and submits that the petitioners are not through Video Conferencing and submits that the petitioners are not landless workers and thus are not entitled for free of cost land by the landless workers and thus are not entitled for free of cost land by the landless workers and thus are not entitled for free of cost land by the landless workers and thus are not entitled for free of cost land by the Gram Panchayat. Gram Panchayat. 3. In view of the above, no further orders are required to be In view of the above, no further orders are required to be In view of the above, no further orders are required to be ontempt petition and thus the same is passed in the present contempt petition and thus the same is ontempt petition and thus the same is passed in the present c disposed of. disposed of. 4. 5. Rule discharged. However, the petitioners would be at liberty to avail their However, the petitioners would be at liberty to avail their However, the petitioners would be at liberty to avail their remedy, if any, as per law. remedy, if any, as per law. 6. y, shall also Pending miscellaneous application(s), if any, shall also Pending miscellaneous application(s), if an stand disposed of. stand disposed of 08.07.2025 .2025 sanjay ( HARKESH MANUJA) JUDGE Whether speaking/reasoned ? Whether speaking/reasoned ? Whether Reportable ? Yes/No Yes/No SANJAY GUPTA 2025.07.09 12:52 I attest to the accuracy and integrity of this document