The High Court
Case Details
CWP-17362-2025 2025 (O&M) Sr. No.118 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 CWP-17362 17362-2025 (O&M) Date of Decision : 01.07.2025 Date of Decision : Karan alias Dhanpat Karan alias Dhanpat …Petitioner State of Haryana and others State of Haryana Versus …Respondents
Legal Reasoning
CORAM : HON’BLE MR. JUSTICE DEEPAK SIBAL HON’BLE MR. JUSTICE DEEPAK SIBAL HON’BLE MS. JUSTICE LAPITA BANERJI HON’BLE MS. JUSTICE LAPITA BANERJI HON’BLE MS. JUSTICE LAPITA BANERJI Present : Mr. Mr. Ajay Jain, Advocate, for the petitioner. for the petitioner. Mr. P.P.Chahar, Sr. DAG, Haryana. Mr. P.P.Chahar, Sr. DAG, Haryana Mr. P.P.Chahar, Sr. DAG, Haryana Mr. Randhir Singh, Advocate, Mr. Randhir Singh, Gram Panchayat. for respondent No.4-Gram Panchayat. for respondent *** DEEPAK SIBAL, J. (Oral) DEEPAK SIBAL Through the instant petition, challenge is made to the notices Through the instant petition, challenge is made to the notices Through the instant petition, challenge is made to the notices dated 05.06.2025 and 12.06.2025 issued by the respondent Gram Panchayat dated 05.06.2025 and 12.06.2025 issued by the respondent Gram Panchayat dated 05.06.2025 and 12.06.2025 issued by the respondent Gram Panchayat under Section 24(1) and 24(2) of the Haryana Panchayati Raj Act, 1994 under Section 24(1) and 24(2) of the Haryana Panchayati Raj Act, 1994 (for short ‘the 1994 Act’), seeking to evict the petitioner from his shop short ‘the 1994 Act’) ct the petitioner from his shop/land on the ground that such construction has been unauthorizedly made by the the ground that such construction has been unauthorized the ground that such construction has been unauthorized petitioner on land belonging to the Panchayat. petitioner on land belonging to the Panchayat. 2. The primary ground on which The the petitioner challenges the is that to evict the petitioner from the land in question the impugned orders is that to evict the petitioner from the land in question the impugned orders respondent Panchayat could and should not respondent Panchayat could not have resorted to summary proceedings under Section 24(1) and 24(2) of the 1994 Act particularly in proceedings under Section 24(1) and 24(2) of the proceedings under Section 24(1) and 24(2) of the the absence of any evidence which would establish the petitioner’ which would establish the petitioner’s unauthorized possession over panchayat land and unauthorized possession over anchayat land and also without considering the reply filed by the petitioner to the impugned notices. In support of his the reply filed by the petitioner to the impugned notices. In support of his the reply filed by the petitioner to the impugned notices. In support of his VANDANA 2025.07.04 16:30 I attest to the accuracy and integrity of this document Page 1 of 3 CWP-17362-2025 2025 (O&M) contentions, reliance is placed by learned counsel on a contentions, relian learned counsel on a judgment of this Karambir and others Vs. State of Haryana and others 2023 (4) Court in Karambir and others Vs. State of Haryana and others Karambir and others Vs. State of Haryana and others RCR (civil) 435; the relevant paragraphs of which judgment RCR (civil) 435 of which judgment are reproduced - herein below:-
Decision
Thus, in view of the above summarized principles, it can “6. Thus, in view of the above summarized “6. be safely concluded, that when the proceedings drawn be safely concluded, that when the proceedings drawn be safely concluded, that when the proceedings drawn under of 'the 1994 Act', are but summary in nature, under Section 24 of 'the 1994 Act', are but summary in nature, and, when but evidence, in respect of encroachments being and, when but evidence, in respect of encroachments being and, when but evidence, in respect of encroachments being the petition lands, may not surface in the said made upon the petition lands, may not surface in the said made upon summary proceedings, but may surface only in fully contested summary proceedings, but may surface only in fully contested summary proceedings, but may surface only in fully contested Section 7 or 11 of the 1961 Act. proceedings, launched under Section 7 proceedings, launched under e(s) (supra) are construable to Therefore, the issuance of notice(s) (supra) are construable to Therefore, the issuance of notic be made with the completest lack of application of mind and be made with the completest lack of application of mind and be made with the completest lack of application of mind and rather are rendered in a cryptic, slipshod and in an ill rather are rendered in a cryptic, slipshod and in an ill rather are rendered in a cryptic, slipshod and in an ill informed manner. informed manner. For the reasons (Supra), the impugned notice(s) (supra), For the reasons (Supra), the impugned notice(s) (supra), 7. 7. wever, the Gram Panchayat are quashed and set aside. However, the Gram Panchayat are through a petition cast upon concerned, may hence through a petition cast upon concerned, may hence under or 11 of the Act, before the Collector under Section 7 or 11 of the Act, before the Collector concerned, hence seek the eviction of the encroachers concerned, hence seek the eviction of the encroachers concerned, hence seek the eviction of the encroachers concerned, from t he lands concerned, rather than through the concerned, from the lands concerned, rather than through the drawings of notices(supra). On such a petition being filed drawings of notices(supra). On such a petition being filed drawings of notices(supra). On such a petition being filed before the Collector concerned, the latter shall but in before the Collector concerned, the latter shall but in before the Collector concerned, the latter shall but in accordance with law, and, after an opportunity of hearing accordance with law, and, after an opportunity of hearing accordance with law, and, after an opportunity of hearing being given to all the concerned, hence being given to all the concerned, hence make a decision being given to all the concerned, hence thereons rather positively within six months of its preferment. thereons rather positively within six months of its preferment. thereons rather positively within six months of its preferment. Till the said petition becomes instituted, there upto the parties Till the said petition becomes instituted, there Till the said petition becomes instituted, there are directed to maintain status quo, as of today, in respect of are directed to maintain status-quo, as of today, in respect of the disputed land. In case, the above petition becomes the disputed land. In case, the above petitio the disputed land. In case, the above petitio instituted before the Collector concerned, thereupon the instituted before the Collector concerned, thereupon the instituted before the Collector concerned, thereupon the respondents thereins, may institute an application therein respondents thereins, may institute an application therein respondents thereins, may institute an application therein claiming an apposite interim relief, and, thereons a lawful claiming an apposite interim relief, and, thereons a lawful claiming an apposite interim relief, and, thereons a lawful order shall be promptly passed by the Collector concerned, but order shall be promptly passed by the Collector concerned, but order shall be promptly passed by the Collector concerned, but after g ranting an opportunity of hearing to all the concerned. after granting an opportunity of hearing to all the concerned. However, it is clarified that the quashing of the notice(s) However, it is clarified that the quashing of the notice(s) However, it is clarified that the quashing of the notice(s) (supra) shall not be construed as an influencing consideration, (supra) shall not be construed as an influencing consideration, (supra) shall not be construed as an influencing consideration, by the Assistant Collector First Grade concerned.” by the Assistant Collector First Grade concerned. by the Assistant Collector First Grade concerned. 3. Faced with the above, learned State counsel as well as learned Faced with the above, learned State counsel as well as learned Faced with the above, learned State counsel as well as learned Gram Panchayat submit that they have clear counsel for the respondent-Gram Panchayat submit that they have clear counsel for the respondent instructions that the impugned notices dated 05.06.2025 and 12.06.2025 instructions that the impugned notices dated 05.06.2025 and 12.06.2025 instructions that the impugned notices dated 05.06.2025 and 12.06.2025 have been withdrawn. However, withdrawn. However, the respondent the respondent-Gram Panchayat be granted liberty to proceed against the petitioner under Section 7 of the Punjab liberty to proceed against the petitioner under Section 7 of the Punjab liberty to proceed against the petitioner under Section 7 of the Punjab VANDANA 2025.07.04 16:30 I attest to the accuracy and integrity of this document Page 2 of 3 CWP-17362-2025 2025 (O&M) Village Common Lands (Regulation) Act, 1961 (for short ‘the 1961 Act’), Village Common Lands (Regulation) Act, 1961 Village Common Lands (Regulation) Act, 1961 s eviction from the land which, according to seeking therein the petitioner’s eviction from the land which, according to seeking therein the petitioner the the Panchayat, respondent-Gram Panchayat, respondent the petitioner has unauthorizedly the petitioner has unauthorizedly encroached upon. encroached upon. 4. The afore statement by the The afore statement by the The afore statement by the learned counsel for the learned counsel for the learned counsel for the respondents satisfies the learned counsel for the petitioner. respondents satisfies the learned counsel for the petitioner. respondents satisfies the learned counsel for the petitioner. 5. In the light of the above, the present petition is disposed of In the light of the above, the present petition is d In the light of the above, the present petition is d liberty to the respondent Gram Panchayat to initiate proceedings with liberty to the respondent Gram Panchayat to initiate proceedings liberty to the respondent Gram Panchayat to initiate proceedings against the petitioner under Section 7 of the 1961 Act seeking therein his against the petitioner under Section 7 of the 1961 Act seeking therein his against the petitioner under Section 7 of the 1961 Act seeking therein his oncerned Assistant Collector First eviction with a further direction to the concerned Assistant Collector First eviction with a further Grade before whom the respondent before whom the respondent-Gram Panchayat may initiate its Panchayat may initiate its above to take a final decision on such application which may be filed to take a final decision on such application proceedings, to take a final decision on such application by the Gram Panchayat expeditiously but not later than 3 months from the by the Gram Panchayat expeditiously but not later than 3 months from the by the Gram Panchayat expeditiously but not later than 3 months from the date of its filing, in accordance with law. date of its filing, in accordance with law. DEEPAK SIBAL) (DEEPAK SIBAL JUDGE JUDGE (LAPITA BANERJI) (LAPITA BANERJI) JUDGE JUDGE 5 July 01, 2025 vandana Whether speaking/reasoned : Whether speaking/reasoned : Whether reportable : Whether reportable : Yes/No Yes/No Yes/No Yes/No VANDANA 2025.07.04 16:30 I attest to the accuracy and integrity of this document Page 3 of 3