Malkiat Kaur v. State Of Punjab And Others

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH **** CWP-19525-2026 (O&M) Date of Decision:01.07.2026 MALKIAT KAUR .....PETITIONER(S)

VERSUS

STATE OF PUNJAB AND OTHERS ....RESPONDENT(S) CORAM:- HON'BLE THE ACTING CHIEF JUSTICE HON'BLE MR. JUSTICE ROHIT KAPOOR

Present:

Mrs. Ritam Aggarwal, Advocate for the petitioner.

Mr. Salil Sabhlok, Senior DAG, Punjab.

***** ASHWANI KUMAR MISHRA, A.C.J. (Oral) 1.

This petition has been filed raising the grievance that the authorities, without any justification, are interfering with the petitioner's land situated in Khasra Nos.29 to 31 on the incorrect factual premise that the land is forest land. The petitioner, therefore, contends that the authorities be restrained from interfering with the petitioner's land since there is no declaration by the competent authority to the effect that such land has been declared as forest land.

2.

Served with an advance copy of the petition, learned counsel for the respondent has invited our attention to the reply filed in the petitioner's previous petition, being CWP No.19358 of 2026, as per which the land forming Khasra Nos.32 to 54 of Village Kapura, Tehsil Sri Hargobindpur, District Gurdaspur, Punjab, is recorded as forest land. Learned counsel for the respondent-State, therefore, categorically states that no right is asserted by the respondents over the disputed land in the RAHUL JOSHI 2026.07.01 17:18 I attest to the accuracy and integrity of this document Punjab & Haryana High Court, CHD

CWP-19525-2026 (O&M) present petition and that in the garb of possession of land up to Khasra No.31, the petitioner is encroaching upon the land situated in Khasra No.32 onwards.

3.

From the respective stands taken before this Court, it is apparent that the petitioner's right over the land up to Khasra No.31 is not disputed. What appears is that there is a dispute with regard to the demarcation of the land on the spot. Such disputed aspects can be gone into by the revenue authorities in the first instance. 4.

In view of the above, we direct the petitioner to approach respondent No.5-Collector-cum-Deputy Commissioner (DC), District Administrative Complex Gurdaspur and respondent No.6-Tehsildar, Tehsil Complex, Sri Hargobindpur, who shall get the petitioner's land demarcated vis-à-vis Khasra No.32 onwards by getting the spot surveyed through a team of revenue officials within a period of six weeks. 5.

With these observations, the instant writ petition is disposed of.

6.

All pending miscellaneous application(s), if any, shall also stand disposed of.

[ASHWANI KUMAR MISHRA] ACTING CHIEF JUSTICE [ROHIT KAPOOR] JUDGE JULY 01, 2026 Rahul Joshi

1. Whether Speaking/reasoned Yes/No

2. Whether Reportable Yes/No RAHUL JOSHI 2026.07.01 17:18 I attest to the accuracy and integrity of this document Punjab & Haryana High Court, CHD