Vishal Sharma v. Deputy Commissioner, District Ludhiana And Others

CWP-13370-2026 (O&M) -1IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CWP-13370-2026 (O&M) Date of decision: 01.05.2026 Vishal Sharma ....Petitioner Vs.

Deputy Commissioner, District Ludhiana and others ....Respondents CORAM : HON'BLE MR. JUSTICE HARSH BUNGER

Present:

Mr. Dushyant Rana, Advocate for the petitioner.

Mr. Navneet Singh, Addl. A.G. Punjab.

***** HARSH BUNGER J. (Oral) Petition herein is, inter alia, seeking a writ in the nature of Mandamus, for directing respondent No.1 to decide the representation dated 09.10.2025 (Annexure P-13) submitted by petitioner. 2.

The representation dated 09.10.2025 (Annexure P-13) reads as under:- "SUB: REQUEST TO MARK AN INQUIRY AGAINST MUTATION NO.40447 DATED 5/7/2025 IN FAVOUR OF SUNITA SHARMA.

SIR, I VISHAL SHARMA S/O SH. HARMOHAN SHARMA R/o H.No: 1067/1, PWD COLONY, OPP. COMMISSIONER POLICE RESIDENCE, LUDHIANA, I AM OWNER IN POSSESSION OF MY ABOVE SAID RESIDENTIAL PROPERTY. THAT ON 16th SEP 2025 WHEN I GOT A COPY OF JAMABANDI OF MY PROPERTY I WAS SHOCKED TO KNOW THE FACT THAT MY SAID PROPERTY HAS BEEN

CWP-13370-2026 (O&M) -2TRANSFER AND MUTATED FALSELY AND UNLAWFULLY INTO THE NAME OF SUNITA SHARMA AS THE MATTER OF FACT THAT I HAVE NEVER TRANSFERRED THE SAID PROPERTY BY WAY OF ANY DEED OR STATEMENT IN FAVOUR OF SUNITA SHARMA AFTER THIS FACT CAME INTO MY KNOWLEDGE I INQUIRED THE MATTER ON MY PERSONAL LEVEL AND CAME TO KNOW THAT VARUN SHARMA, SHEENU SHARMA, SHILPI SHARMA, VIVEK SHARMA IN CONNIVANCE WITH SANJAY SHARMA HAVING A DISHONEST INTENTION GOT CREATED THIS FALSE MUTATION TO INDUCE UNLAWFUL OWNERSHIP OF SUNITA SHARMA SO TO TAKE FORCIBLE POSSESSION OF MY PROPERTY. IT IS HUMBLE REQUESTED TO PLEASE MARK AN CONFIDENTIAL INQUIRY FROM SOME SENIOR PCS LEVEL OFFICER REGARDING THE MUTATION NO: 40447 AND STRICT ACTION BE TAKEN AGAINST ABOVE NAMED PERSONS & OTHERS INVOLVED IN THIS FRAUDULENT ACT.

IT IS ALSO REQUESTED THAT THE DOCUMENTS SUBMITTED BY THE SAID PERSONS ALONG WITH THE RECORD OF PATWARI BE IMMEDIATELY TAKEN INTO YOUR CUSTODY SO THAT NO MATERIAL ALTERATION CAN BE DONE TO SUPPRESS THE FACTS AND TO MISLEAD THE INQUIRY. SIR ACTION TAKEN AT THE EARLIEST IS VERY MUCH REQUIRED TO SERVE THE JUSTICE. I WITH MY FOLDED HANDS THANK YOU FOR THIS ACT OF KINDNESS."

3.

Apparently, the petitioner is stated to be aggrieved against mutation No.40447 dated 05.07.2025, executed in favour of Smt. Sunita Sharma (mother of the petitioner).

4.

During the course of hearing of this petition, it is not disputed by the learned counsel for the petitioner that the aforesaid mutation is

CWP-13370-2026 (O&M) -3amenable to appeal/revision before the Revenue Authorities in terms of Sections 13 and 16 of the Punjab Land Revenue Act, whereas in para No.16 of the writ petition, petitioner has given the following declaration:- "16. That the petitioner has no other efficacious remedy except to invoke the writ jurisdiction of this Hon'ble Court." 4.1.

Apparently, the petitioner have given a wrong declaration in the writ petition only to file the present writ petition before this Court, which is deprecated.

5.

That apart, it is also not disputed before this Court, that the transfer deeds {vasika Nos. 5517 dated 18.10.2018 (Annexure P-5) and vasika No.5519 dated 18.10.2018 (Annexure P-6)} have been executed by Smt. Sunita Sharma (mother of the petitioner) in favour of the petitioner by clearly recording that the transferee shall take care of transferor (Sunita Sharma) and also fulfill her basic needs, failing which the transfer deed(s) will be cancelled and both the parties will be bound by Section 23 of the Maintenance and Welfare of Parents and Senior Citizens Act, 2007, (in short "2007 Act"). It is further not disputed that on a petition being filed by Smt. Sunita Sharma, seeking cancellation of the aforesaid transfer deed(s), the competent authority under the 2007 Act, has already passed an order dated 09.07.2024 (Annexure P-7), whereby, one of the transfer deed already stands cancelled.

6.

It is further borne out of from the para No.15 of the writ petition that even an appeal filed by the petitioner against the aforesaid order dated 09.07.2024 (Annexure P-7) has been dismissed by the learned Appellate Authority.

CWP-13370-2026 (O&M) -47. It is also conceded by the learned counsel for the petitioner, that till date the petitioner has not challenged the aforesaid orders. 8.

Be that as it may, once the petitioner has an alternate remedy of filing an appeal/revision against the mutation No.40447 dated 05.07.2025, the present writ petition is dismissed, however, leaving it open to the petitioner to avail his remedies against the abovesaid mutation No.40447 dated 05.07.2025, in accordance with law.

9.

All the pending application(s), if any, shall also stand closed. (HARSH BUNGER) 01.05.2026 JUDGE ankit Whether speaking/reasoned:

Yes/No Whether reportable:

Yes/No