Parmod Kumar Garg @ Parmod Aggarwal v. Deputy Commisioner, Hisar & Others

CWP No.15448 of 2025 -1-

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH CWP No.15448-2025(O&M) Date of Decision: 11.03.2026 Parmod Kumar Garg @ Parmod Aggarwal (since deceased) through LRs.

....Petitioner vs.

Deputy Commissioner, Hisar and others ....Respondents

CORAM:

HON'BLE MR. JUSTICE JAGMOHAN BANSAL

Present:

Mr. Narender Pal Bhardwaj, Advocate Ms. Amanpreet Kaur, Advocate for the petitioner Mr. Akshit Pathania, AAG, Haryana Ms. Anjali Singh, Advocate for Mr. Rajesh Gaur, Advocate for respondent No. 2 *** JAGMOHAN BANSAL, J. (ORAL) 1.

The petitioner through instant petition under Articles 226/227 of the Constitution of India is seeking direction to respondents No. 1 and 2 to implement letter dated 17.07.2024 (Annexure P-1) issued by Deputy Commissioner, Hisar which is based upon Sub Divisional Magistrate's report dated 13.06.2024.

2.

Learned counsel for the petitioner submits that respondents in connivance with each other have transferred a big chunk of public land in favour of private persons. Land in question was owned by Prithviraj

CWP No.15448 of 2025 -2Chauhan Fort, Hansi. The authorities have prepared reports pointing out that officials of Municipal Corporation and Revenue have committed illegalities. Despite reports of authorities, no action has been taken against the erring officials and beneficiaries.

3.

On 17.07.2025, the following order was passed:- "

Through the instant writ petition filed under Article 226/227 of the Constitution of India, a prayer is made for issuance of a direction to implement the letter dated 17.07.2024 (Annexure P-1), issued by Deputy Commissioner, Hisar, based upon SDM's report dated 13.06.2024 (Annexure P-2), wherein, according to the petitioner, recommendation has been made to take departmental action against the erring officials of Municipal Corporation, Hansi (respondent no.2), and to submit the report to its office alongwith direction to Tehsildar, Hansi, to demarcate the land in question. Further, a prayer has been made for issuance of a direction upon Superintendent of Police, Hansi, to register an FIR against accused persons and erring employees of the Municipal Corporation, Hansi (respondent no.2).

Learned counsel for the petitioner alleges that the private respondent, in connivance with officials of Municipal Corporation, Hansi (respondent no.2), committed tampering/manipulation with the official land record pertaining to private House No.244/10, Arya Samaj, Road, Hansi (falling within Protected/Regulated Premises of Prithviraj Chauhan Fort as per ASI), as originally the area was recorded and reflected in therevenue record as 120 sq.yards altered to 1200 square yards by inserting a '0' manually, using a pen without following due process of law.

CWP No.15448 of 2025 -3This Court vide order dated 27.05.2025, without issuing formal notice had asked the State to inform this Court, after having apt instructions from the quarter concerned, about the final decision taken on Annexure P-1.

Today, learned State counsel has filed a reply dated 16.07.2025, by way of an affidavit of Mr. Vinod Shakar, DSP, HQ, Hansi, on behalf of respondent no.3, in Court, which is taken on record, with a copy thereof, supplied learned counsel for the petitioner.

The reply (supra) voice about a thorough inquiry, which was conducted, and no cognizable offence was found to have been committed.

At this stage, when this Court was not inclined to proceed further, learned counsel for the petitioner informs this Court that unfortunately, the demise of petitioner has occurred on dated 13.07.2025, therefore, seeks time to have apt instructions, so as to continue with the lis.

This Court has put a specific query learned counsel for the petitioner, as to whether, after demise of the present petitioner, the right to sue still survives or not, to which he submits that he would like to file a specific application in this regard.

Asked for request accepts.

Adjourned to 11.09.2025."

4.

Legal representatives of petitioner were brought on record. The petitioner has placed on record report dated 17.06.2025 of District Municipal Commissioner, Hisar. As per said report, assessment of property mentioned in the complaint was framed by Vinod Kumar, Sevadaar Employee Municipal Council, Hansi and was issued by Sandeep Kumar, the then

CWP No.15448 of 2025 -4Electrical Inspector. Vinod Kumar has passed away on 09.05.2025, thus, no disciplinary action can be taken against him. The department is going to take action against Sandeep Singh under Rule 7 of Haryana Civil Services (Punishment and Appeal) Rules, 2016.

5.

As per the aforesaid report, on 23.08.2017, registry was done on the basis of assessment by the then Tehsildar. In the assessment proforma, it is clearly mentioned that assessment document was not valid for ownership. Municipal Council, Hansi is not responsible in any way for the registry/will/gift deed/ bank loan etc. done on the basis of these documents, thus, Tehsildar seems to be guilty.

6.

Faced with the aforesaid documents, learned State counsel submits that Divisional Commissioner, Hisar would look into the matter and take an appropriate action against the erring officials as well as beneficiaries, in accordance with law.

7.

In the wake of statement of both sides, the petition stands disposed of. Let the needful be done within six months from today. 8.

Pending Misc. application(s), if any, shall stand disposed of. (JAGMOHAN BANSAL) JUDGE 11.03.2026 paramjit Whether speaking/reasoned: Yes Whether reportable:

Yes