159 IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH

Date of decision : 17.12.2025

Gaurav Charaya ...... Petitioner

Versus

State of Haryana and others ...... Respondents

CORAM : HON'BLE MR. JUSTICE HARSH BUNGER

Present :- Petitioner in person.

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HARSH BUNGER, J. (ORAL)

1. Prayer in this civil writ petition filed under Articles 226/227 of Constitution of India, inter alia, is for issuance of a writ in the nature of certiorari for quashing remarks recorded by respondents No. 3 and 5 in the action taken report (ATR) on the CM Window Portal (Annexure P-8) to the extent, which declares the land in question to be a custodian/evacuee property and for which mutation cannot be sanctioned. 2. Briefly, case of the petitioner is that his father had purchased 192 sq. yards of area, comprised in khasra No. 7141/3913/11, vide registered sale deed dated 16.10.2000 (Annexure P-1). Petitioner claims that his father was absolute owner and in peaceful possession of area, purchased by him, but unfortunately, his father expired on 18.08.2024 and thereafter, petitioner alongwith his other siblings are in

possession of aforesaid property.

2.1 It is stated by petitioner that after demise of his father, he learnt that although the sale deed was registered in respect of abovesaid

land on 16.10.2000; however, despite lapse of more than 25 years, ownership entries in revenue record have not been updated. It is further stated that even the name of previous owner of said area, namely, Prem Sagar Kathuria was also not mentioned in revenue records. It is next stated that petitioner approached the revenue authorities regarding mutation in their favour in respect of aforesaid area; however, since no action was being taken, accordingly, petitioner approached this Court by way of filing a writ petition i.e. CWP-16448-2025, which was disposed of on 29.05.2025 (Annexure P-6), whereby petitioner was relegated to his alternate remedy of filing a suit under Section 45 of Haryana Land Revenue Act, 1887 (in short '1887 Act') before competent court.

2.2 Thereafter, petitioner is stated to have submitted a complaint on CM Window Portal on 01.10.2025, requesting sanctioning of mutation, wherein an action taken report dated 03.11.2025 (Annexure P-8) was issued, wherein the property in question was shown as custodian/evacuee property. The relevant extract of action taken report dated 03.11.2025 reads as under :-

“Regarding the resolution of the complaint in question, you are respectfully informed that a report has been received from the Halka Patwari. According to the report, for the land described in the documents submitted by the applicant, the ownership of that land as per the Jamabandi for the year 2021-22 and for the Khewat No. 449 vests as Evacuee Property/Custodian Property owned by the Government without being allotted. Consequently, due to which it is not possible to sanction the mutation. Therefore, you are requested to dispose of the complaint.”

2.3 Thereafter, petitioner is stated to have approached the Tehsildar, Sonipat by submitting a representation (Annexure P-9), whereupon a letter dated 28.11.2025 (Annexure P-10) is stated to have been issued, the relevant extract whereof reads as under :-

“As per the records available in this office, the land Khasra No. 7141/3913/11 situated at Patti Musalmanan Sonipat with total area of 681 sq. yards was transferred as per departmental rules on 9.5.1986 for Rs. 70,200/- to Prem Sagar son of Trilok Nath on the basis of possession by the then Tehsildar (Sales Branch) and Managing Officer, Rohtak, whose approval was given by the Chief Settlement Commissioner, Haryana as per the order dated 04.05.1987. After collecting the amount of the above land from the transferee, Sale Certificate was issued to him on 18.05.1987.

In accordance with the above circumstances, you are instructed to register and sanction the mutation entries of the above land first in the name of Shri Prem Sagar, son of Triloknath and then register and sanction the