Kulvir Kaur v. K.A.P. Sinha Ias And Others

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH Date of decision : 09.04.2026 KULVIR KAUR ....Petitioner

Versus

K.A.P. SINHA IAS AND OTHERS

...Respondents

CORAM:

HON'BLE MR. JUSTICE PANKAJ JAIN Present :

Mr. Ravi Malhotra, Advocate for the petitioner. Mr. H.P.S. Ishar, Addl. A.G., Punjab.

Mr. R.K.S. Brar, Advocate for respondent No.6. PANKAJ JAIN, J. (ORAL) The petitioner alleges wilful disobedience of the directions issued by the Supreme Court in Writ Petition (Civil) No.295 of 2022 titled as 'In Re: Directions in the matter of demolition of structures'. 2.

As per the petitioner, she is residing at village Narangwal along with her husband and family. Her husband was facing prosecution in FIR No.15, dated 27.02.2025, under Sections 21/29/60/85 of the NDPS Act and Section 111(2) of BNS registered at Police Station Jodha, District Ludhiana. He was released on bail. On 07.05.2025, when the petitioner was not present at her house and had gone to attend her case in District Court Ludhiana, respondents at her back demolished her only residential house without giving any notice.

3.

On 10.09.2025, this Court passed the following order: "Mr. Sandeep Kumar, Tehsildar (Sought), Ludhiana is present in person and submits that demolition was carried out by him in execution of the orders passed by Deputy Commissioner, who authorized him to demolish the house in question. Mr. Himanshu Jain, Deputy Commissioner, Ludhiana is impleaded as a party-respondent No.7.

Mr. Gill accepts notice on behalf of Mr. Himanshu Jain. He is directed to file affidavit of the Deputy Commissioner, Ludhiana spelling out the proceedings which led to demolition of the house. Mr. Sandeep Kumar, Tehsildar (Sought), Ludhiana who is present in person prays for time to file his affidavit regarding the duties carried out by him as a Duty Magistrate. He has produced copy of roznamcha. Record is ordered to be sealed and be tagged with the file.

List on 26.09.2025, for arguments."

Pursuant to the aforesaid order, Tehsildar, Ludhiana filed affidavit. The relevant extract thereof reads as under: 3.

That it is humbly submitted that before issuance of warrants of possession and then before seeking police help, it is the responsibility of the concerned department to complete all the legal formalities so that no provision of law is violated. In the present case, the District Development and Panchayat Officer-cumCollector, Ludhiana passed the order dated 27.03.2025 in petition under Section 4, 5 and 7 of the Punjab Public Premises and Land (Eviction and Recovery) Act, 1973 and thereafter issued warrants of possession dated 25.04.2025. Thereafter, the Block Development & Panchayat Officer, Dehlon fixed the date and time for execution of warrants of possession and sought police help from Sub Divisional Magistrate, Ludhiana (West) vide letter No.878 dated 30.04.2025 and from District Development and Panchayat Officer, Ludhiana vide letter No.881 dated 30.04.2025.

Then, the District Development and Panchayat Officer, Ludhiana vide letter No.2648 dated 30.04.2025 requested the District Magistrate, Ludhiana to provide police help along with lady police and also requested for appointment of Duty Magistrate. That the District Magistrate, Ludhiana vide letter No.2427 dated 06.05.2025 wrote to the Senior Superintendent of Police, Ludhiana (Rural) to provide police help, with endorsement to the District Development and Panchayat Officer, Ludhiana wherein it has been specifically directed that it will be the responsibility of the concerned department to follow due process of law." 5.

Deputy Commissioner, Ludhiana has also filed affidavit. The facts as culled out in the affidavit read as under: "a.

That as per the copies of record and information provided by the concerned department i.e. office of the District Development and Panchayat Officer, Ludhiana, a petition under Section 4, 5 and 7 of the Punjab Public Premises and Land (Eviction and Recovery) Act, 1973 titled as "Gram Panchayat Village Narangwal Block Dehlon, Tehsil and District Ludhiana through B.D.P.O., Dehlon Versus Balwant Singh S/o Kartar Singh R/o Village Narangwal, Tehsil and District Ludhiana" was filed by the Gram Panchayat of Village Narangwal in the court of District Development & Panchayat Officer-cum-Collector, Ludhiana on 07.03.2025, which was allowed in favour of the Gram Panchayat Village Narangwal, vide order dated 27.03.2025. Copy of the order dated 27.03.2025 is attached herewith as Annexure R-7/1/T.

b.

That in order to execute the above said order dated 27.03.2025, the Collector-cum-District Development & Panchayat Officer, Ludhiana issued 'Warrants of Possession' vide his office letter No.2577/Reader dated 25.04.2025 for removing of the illegal possession of Sh. Balwant Singh S/o

Sh. Kartar Singh. Copy of the Warrants of Possession dated 25.04.2025 is attached herewith as Annexure R-7/2/T. c.

That the Block Development & Panchayat Officer, Dehlon vide letter No.878 dated 30.04.2025 addressed to Sub Divisional Magistrate, Ludhiana (West) and letter No.881 dated 30.04.2025 addressed to District Development & Panchayat Officer, Ludhiana, requested for providing police help on 07.05.2025 at the time of taking possession of the property in question. Copies of the letters No.878 and 881 both dated 30.04.2025 are attached herewith as Annexure R-7/3/T and Annexure R-7/4/T. d.

That with reference to the letter No.881 dated 30.04.2025 of the Block Development & Panchayat Officer, Dehlon, the District Development & Panchayat Officer, Ludhiana vide his office letter No.2648 dated 30.04.2025 requested the District Magistrate, Ludhiana for providing the police help (Male and Female) and for appointment of Duty Magistrate. Copy of the letter No.2648 dated 30.04.2025 is attached herewith as Annexure R-7/5/T. e.

That the Sub Divisional Magistrate, Ludhiana (West) vide letter dated 06.05.2025 requested the Deputy Commissioner, Ludhiana for providing police help along with lady police and for appointment of Duty Magistrate on 07.05.2025 for carrying out the possession proceedings. Copy of the letter is attached herewith as Annexure R-7/6/T. f.

That with reference to the letter No.2648 dated 30.04.2025 of the District Development & Panchayat Officer, Ludhiana and letter dated 06.05.2025 of the Sub Divisional Magistrate, Ludhiana (West), the office of the District Magistrate, Ludhiana issued letter No.2427/P.B. dated 06.05.2025 to the Senior Superintendent of Police, Ludhiana (Rural) for providing police help to the Block Development & Panchayat Officer, Dehlon. It is humbly submitted that a copy of this letter was also forwarded to the District Development & Panchayat Officer, Ludhiana and it was specifically mentioned that at the time of

possession proceedings, the concerned department shall be responsible to follow due process of law. A copy of this letter was also forwarded to the Tehsildar, Ludhiana (South) intimating him that he has been appointed as Duty Magistrate to supervise the possession proceedings at the spot. It is humbly submitted that with reference to the letter of the Sub Divisional Magistrate, Ludhiana (West), a separate letter No.15621/M.A. dated 06.05.2025 was also issued to the Tehsildar, Ludhiana (South) whereby he was appointed as Duty Magistrate for 07.05.2025 and it was specifically mentioned in the letter that the possession proceedings should be carried out strictly in view of the directions issued by the Hon'ble Supreme Court in Writ Petition (Civil) No.295 of 2022. A copy of the letter No.2427/P.B. dated 06.05.2025 is attached herewith as Annexure R-7/7/T and copy of letter No.15621/M.A. dated 06.05.2025 is Annexure R-7/8/T.

3.

That it is humbly submitted that office the deponent, vide letter No.10625-80/M.A. dated 02.04.2025, has already issued letter to almost all the departments to comply with the directions issued by the Hon'ble Supreme Court in Writ Petition (Civil) No.295 of 2022, while removing illegal possessions and for demolishing the illegally constructed buildings. A copy of the letter is attached herewith as Annexure R-7/9/T.

That in the present matter, the office of the deponent has provided police help on the request of the District Development & Panchayat Officer on the basis of order dated 27.03.2025 passed in the petition titled as "Gram Panchayat Village Narangwal Block Dehlon, Tehsil and District Ludhiana through B.D.P., Dehlon Versus Balwant Singh S/o Kartar Singh R/o Village Narangwal, Tehsil and District Ludhiana" under Section 4, 5 and 7 of the Punjab Public Premises and Land (Eviction and Recovery) Act, 1973 and it was specifically directed that the concerned department shall be responsible to follow due process of law while executing the warrants of possession."

6.

Today, Mr. Ishar, State Counsel submits that even though the demolition was carried out in execution of the order passed by the Competent Authority, yet in case the petitioner still feels aggrieved, State is ready to compensate her. He submits that the petitioner has refused to accept the compensation.

7.

In view of the aforesaid facts, this Court does not find any wilful disobedience of the orders passed by the Supreme Court, particularly in light of the positive stand taken by the respondents. 8.

Accordingly, this Court finds no reason to continue the present contempt proceedings. However, liberty is granted to the petitioner to avail her remedies in accordance with law against the orders passed by the authorities.

9.

The contempt petition is disposed off accordingly. April 09, 2026 (Pankaj Jain) Dpr Judge Whether speaking/reasoned :

Yes/No Whether reportable :

Yes/No