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High Court of Punjab and HaryanaCWP/14051/2026disposed of

Rajinder Singh And ORS v. State Of Punjab And ORS

2026-05-12Mrs. Justice Alka Sarin,Justice (To Be Nominated)2 pages

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

CWP-14051-2026 (O&M) Date of Decision : 12.05.2026 Rajinder Singh and Ors.

... Petitioners

Versus

State of Punjab and Ors.

... Respondents CORAM : HON'BLE MRS. JUSTICE ALKA SARIN HON'BLE MR. JUSTICE RAMESH CHANDER DIMRI Present :

Mr. Kulwant Singh Boparai, Advocate for the petitioners. Mr. Aman Dhir, DAG Punjab for respondent Nos.1 to 3. Mr. Sandeep Kumar, Advocate for respondent No.4. ALKA SARIN, J. (Oral) 1.

Challenge in the present writ petition is to order dated 13.02.2026 (Annexure P-9) passed by respondent No.3-Joint Development Commissioner, dismissing the statutory appeal preferred by the petitioners only on the ground of limitation as well as for quashing the order dated 30.06.2023 (Annexure P-4) passed by respondent No.2-District Development & Panchayat Officer, Ludhiana.

2.

Learned counsel for the petitioners would contend that the petition filed by the Gram Panchayat under Sections 4 and 5 of the Punjab Public Premises and Land (Eviction and Rent Recovery) Act, 1973 itself was not maintainable in view of the judgment of the Division Bench of this Court in the case of Kirpal Singh (Deceased) through LR vs. State of Punjab & JITENDER KUMAR 2026.05.13 10:10 I attest to the accuracy and authenticity of this order/judgment Chandigarh

CWP-14051-2026 -2Ors. [2023 NCPHHC 153707 = Law Finder Doc Id # 2527725] since even as per the petition the land is Jumla Mushtarka land of village Butahri. 3.

Learned counsel for respondent No.4-Gram Panchayat on instructions from Sarpanch Rupinder Kaur has contended that he would have no objection if the orders dated 13.02.2026 (Annexure P-9) and 30.06.2023 (Annexure P-4) are set aside, however, Gram Panchayat be given the liberty to proceed in accordance with law.

4.

In view of the statement made by learned counsel for respondent No.4-Gram Panchayat, the present petition is allowed. The impugned orders dated 13.02.2026 (Annexure P-9) and 30.06.2023 (Annexure P-4) are set aside, however, the respondent No.4-Gram Panchayat would always be at liberty to proceed in accordance with law.

5.

Disposed off. Pending applications, if any, also stand disposed off.

( ALKA SARIN ) JUDGE 12.05.2026 jk ( RAMESH CHANDER DIMRI ) JUDGE NOTE: Whether speaking/non-speaking: Speaking Whether reportable: YES/NO JITENDER KUMAR 2026.05.13 10:10 I attest to the accuracy and authenticity of this order/judgment Chandigarh