Harish Chander v. State Of Punjab And Others


101 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Date of Decision: 10.04.2026 Harish Chander ....Petitioner vs.

State of Punjab and others ....Respondents

CORAM:

HON'BLE MR. JUSTICE JAGMOHAN BANSAL

Present:

Mr. Surinder Garg, Advocate for the petitioner Mr. Vikas Arora, DAG, Punjab Mr. Ajay Jain, Advocate for respondent No. 12 *** 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 to 7 to address his applications dated 23.08.2017 (Annexure P-10) and 19.07.2018 (Annexure P-5).

2.

The petitioner claims that respondent has illegally allotted a plot of 20'x 40' belonging to Municipal Council, Jaito. The plot was allotted in 2009 by President of the Council namely Amanpreet Kaur to her brother Dilbag Singh without any auction or approval of Higher Authorities. Dilbag Singh constructed five shops on said plot and sublet the same on rent. He is


paying rent of Rs.400/- per month to the Council and earning Rs.25,000/- per month as rent.

3.

Learned counsel for the petitioner submits that respondent has not conducted inquiry against erring officials. He was not associated in the inquiry. It is a case of misuse of Government property and public funds. 4.

As per affidavit of Deputy Secretary to Government of Punjab, Department of Local Government, Chandigarh, Joint Deputy Director, Local Government, Ferozepur was directed to conduct inquiry into the aforesaid allegations. Joint Deputy Director conducted inquiry and as per his reports dated 04.12.2019 and 13.01.2020 plot in question was allotted through open auction which was conducted after due publicity. The publication of the auction was made in two newspapers and auction was held in the presence of Government Officials. Dilbag Singh who was allotted plot divided the plot and constructed three shops. The aforesaid reports were put up before Secretary, Department of Local Government, Punjab. 5.

As per affidavit dated 30.04.2024 of Executive Officer, Municipal Council, Jaito, he visited the spot and found that plot has been partitioned in three portions. In one portion, there is shop of a cobbler. In second portion, there is a sweet shop and third portion is used by a photographer. Dilbag Singh is not in occupation of any shop. 6.

In the wake of reports of the authorities, this Court finds it appropriate to dispose of the petition with a direction to jurisdictional Deputy Commissioner to look into the matter and if he/she comes to a conclusion that there was illegal allotment or allotment was contrary to Government norms, he/she may take an appropriate action.


7.

Pending Misc. application(s), if any, shall stand disposed of. 8.

Needless to mention here that this Court has not expressed any opinion on merits of the case.

(JAGMOHAN BANSAL) JUDGE 10.04.2026 paramjit Whether speaking/reasoned: Yes Whether reportable:

No