Rajinder Kumar v. State Of Punjab And Others

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH Sr. No.118 Date of Decision: 12.03.2026 RAJINDER KUMAR

...Petitioner

Versus

STATE OF PUNJAB AND OTHERS ....Respondent

CORAM:

HON'BLE MS. JUSTICE MANDEEP PANNU Present:- Mr. Naveen Kumar, Advocate for the petitioner.

***** MANDEEP PANNU, J. (Oral) 1.

The present criminal writ petition under Article 226 of the Constitution of India has been filed for issuance of an appropriate writ, order or direction, particularly in the nature of Mandamus, directing respondents No. 1 to 3 to provide adequate and effective protection to the life and liberty of the petitioner and the believers of Good News For Nations Church from the hands of certain private individuals/encroachers. It has further been prayed that the authorities be directed to ensure that no interference, harassment or acts of desecration take place with respect to the Church premises, and to take appropriate legal action on the complaint dated 13.10.2025 submitted by the petitioner, in accordance with law, during the pendency of the present petition.

2.

It has further been averred in the petition that the petitioner had earlier submitted a representation dated 23.03.2024 to the Commissioner, Municipal Corporation, Jalandhar, alleging illegal encroachment and unauthorized construction over public land bearing certain khasra numbers

situated in Village Dhanowali, Tehsil and District Jalandhar. In the said representation, the petitioner stated that "Good News For Nations" is a registered society and that the petitioner is the Pastor of the Church as well as the President of the said Society. It was further stated that the Church building is situated on land bearing Khasra No. 21//12/1/2 adjoining the public land mentioned in the subject of the representation. According to the petitioner, the said land is meant for public purposes and is owned by the Municipal Corporation, Jalandhar. However, certain persons of the village were allegedly trying to encroach upon the said public land and were raising unauthorized constructions thereon.

The petitioner also alleged that despite earlier representations to the authorities, no effective action had been taken to stop the alleged encroachment. It was further alleged that when the petitioner resisted the same, the said persons started threatening him and his family members and even attempted to create nuisance near the Church premises. Through the said representation, the petitioner requested the authorities to take immediate action against the alleged encroachers and to protect the public land from illegal occupation. 3.

After hearing learned counsel for the petitioner and upon perusal of the record, this Court is of the considered opinion that the present petition is misconceived and not maintainable in the present form. The grievance of the petitioner essentially relates to alleged encroachment over public land and unauthorized construction by certain private individuals. Such disputes regarding encroachment and rights over immovable property are primarily civil in nature and are required to be adjudicated by the competent civil forum in accordance with law. This Court, while exercising

jurisdiction under Article 226 of the Constitution of India, cannot issue directions to the police authorities to resolve disputes relating to possession or alleged encroachment over land. If the petitioner is aggrieved by any alleged illegal encroachment or unauthorized construction, he is at liberty to avail appropriate remedies before the competent civil court or the concerned municipal/revenue authorities, in accordance with law. The writ jurisdiction cannot be invoked as a substitute for such statutory remedies. No material has been placed on record to show any exceptional circumstance warranting interference by this Court.

4.

Consequently, finding no merit in the present petition, the same is hereby dismissed, leaving it open to the petitioner to avail appropriate remedies in accordance with law.

5.

All pending applications, if any, also stand disposed of. (MANDEEP PANNU) 12.03.2026 JUDGE Anu Whether speaking/reasoned :

Yes/No Whether reportable :

Yes/No