Vijender And Another v. State Of Haryana And Others

IN THE HIGH COURT OF PUNJAB & HARYANA

AT CHANDIGARH CRM-M-18421-2026 (O&M) Date of decision: 12.05.2026 Vijender and another

...Petitioner(s)

VERSUS

State of Haryana and others

...Respondent(s)

CORAM : HON'BLE MR. JUSTICE VINOD S. BHARDWAJ Present :- Mr. R.N. Lohan, Advocate for the petitioner(s).

Mr. Paras Talwar, Sr. DAG, Haryana.

None for respondents No.6 & 7.

***** VINOD S. BHARDWAJ, J. (Oral) The present petition has been filed for seeking directions to respondents No.1 to 5 to implement the order dated 09.12.2025 passed by the respondent No.4-Sub Divisional Magistrate Safidon, District Jind vide which land bearing Khewat No.1350 Khata No.1767 rectangle No.271 KIlla No.12/3 (2-19) and Khewat No.1349 Khata No.1766 rectangle No.271, Killa No.12/4 (4-8) situated in the revenue estate of village Muana was attached and respondent No.5 had been appointed as a receiver for taking possession of the land, to put the same on auction and to prevent the same from encroachment by any other person.

2.

The operative part of the order dated 09.12.2025 passed by the Sub-Divisional Magistrate, Safidon reads as under: "After examining the Kalandara and hearing both parties, I have reached the conclusion that as per revenue records, the applicant are the owners of the disputed land, but on the

240 CRM-M-18421-2026 (O&M) disputed land, the defendants have set up a poultry farm, animal shed, and are cultivating crops on the remaining land. Both parties have a dispute regarding possession and ownership of the disputed land, and due to this dispute, a serious criminal offense can occur between both parties at any time, for which the police has also prepared a Kalandara under Section 164 BNSS. A challan has already been filed between both parties under Section 126/169 BNSS regarding the dispute. Both parties are attempting to take possession of the disputed land by cultivating crops, and there is an apprehension of breach of peace regarding possession and harvesting of crops. If immediate action is not taken in this matter, some untoward incident may occur and there is a risk to life and property.

The Hon'ble Civil Court Safidon has already stayed the defendants in case no. CS/518/2021, Jaipal vs. Rajbeer etc., and case no. CS/511/2021, Vijender Singh vs. Rajveer etc. Therefore, until a decision is given by the Civil Court to both parties, and in order to maintain peace between both parties regarding the disputed land Khewat No. 1350, Khata No. 1767, Rect. No. 271, Killa No. 12/3 (2-19), Khewat No. 1349, Khata No. 1766, Rect. No. 271, Killa No. 12/4 (4-8), total land is 7 Kanal 7 Marle of both the khewat, situated in village Muana, Tehsil Safidon, District Jind is attached under Section 164 BNSS and order the appointment of Naib Tehsildar Safidon as Receiver under Section 165 BNSS.

The Receiver and Naib Tehsildar Safidon are directed that a public announcement (Munadi) regarding the disputed land should be made in the village as the disputed land has been attached under section 164 BNSS, so that no person encroaches upon the disputed land. The disputed land should be ensured to be given on lease annually at the standard rate. The amount received from the lease should be deposited in the government treasury. A copy of this order should be sent to the Naib Tehsildar Safidon-cum-Receiver so that it is entered in the record and filed in the Record Room accordingly."

240 CRM-M-18421-2026 (O&M) 3.

Learned counsel for the petitioners contends that the present petition has been filed since both the directions i.e. (i)taking possession of the land and (ii) to ensure that the land is given on lease annually at a standard rate had not been complied with.

4.

Learned State Counsel, on instructions from respondent No.4Sub Divisional Magistrate, Safidon, submits that the possession of the land has already been taken and that in the oncoming season, the same shall also be put to auction through respondent No.5.

5.

In view of the aforesaid statement, the prayer, as sought for, by the petitioner already stands redressed.

6.

Accordingly, the present petition is disposed of as having been rendered infructuous at this stage in view of the statement given today in the Court.

7.

It is however made clear that the respondents/State shall remain bound to retain the possession and also to continue putting the aforesaid land on an annual lease.

8.

Pending application(s), if any, shall stand disposed of. (VINOD S. BHARDWAJ) 12.05.2026 JUDGE Sumit Gusain Whether speaking/reasoned :

Yes/No Whether reportable :

Yes/No