IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Date of Decision: 24.02.2026 Arun Kumar .… Petitioner Versus Dr. Saket Kumar, IAS and others .... Respondents CORAM: HON'BLE MS. JUSTICE NIDHI GUPTA Present: - Mr. Mohit, Advocate for the petitioner.

Mr. Naveen Kumar, Addl. A.G., Haryana.

Mr. Ajoy Vijrania, Advocate for respondent No. 6.

NIDHI GUPTA, J.

1. The present contempt petition has been filed alleging violation of order dated 22.11.2012 (Annexure P-1) passed by the Division Bench of this Court in CWP-3221-2011, titled as ‘Rajpal and another vs. State of Haryana and others’, whereby it was directed as follows: -

“....We therefore, direct the Director, Development and Panchayat, Chandigarh to reconsider the matter and direct the government to ensure that in future gair mumkin johars or water bodies, are not diverted to any other use, and are, in fact, protected, cleaned and recharged.....”

2. It is, inter alia, submitted by learned counsel for the petitioner that in flagrant violation of the above said direction of the Hon’ble Division Bench, the Sarpanch, Gram Panchayat Sarupgarh, Tehsil and District Charkhi Dadri, wants to change the nature of the Johar comprised in land measuring 32 Kanal 0 Marla in Khasra and Killa No. 25//25(8-0) Gair Mumkin Johad, 30//5(8-0) Gair Mumkin Johad, 24//21(8-0) Gair Mumkin Johad, 31//1(8-0) Gair Mumkin Johad, Khewat No. 249 min/227 Khatoni No. 338; which, as per Jamabandi for the year 2019-2020 is under ownership and possession of Gram Panchayat Sarupgarh Tehsil and District Charkhi Dadri. It is submitted that in this regard a Resolution dated 16.10.2024 has been passed by the Gram Panchayat for construction of a water house in the above said land. Learned counsel contends that a water house already existed in village Sarupgarh and Santor. Now village Santor has constructed a new water house, and the earlier water house has been now exclusively reserved for village Sarupgarh. However, the Sarpanch of village Sarupgarh has illegally got passed the Resolution dated 16.10.2024, against the religious beliefs of the respectables of the village; and in violation of the order dated 22.11.2012 (Annexure P-1). It is accordingly prayed that suitable punishment be awarded to the respondents for disobeying the orders of this Court.

3. Mr. Ajoy Vijarania, Advocate has put in appearance on behalf of respondent No. 6 and filed Memo of Appearance in Court, which is taken on record.

4. Learned counsel for the respondents vehemently oppose the submissions advanced on behalf of the petitioner and submit that prior to filing of the present contempt petition, the other similarly situated persons as the present petitioner/residents of village Sarupgarh, have filed Civil Suit No. 1329 of 2024 dated 04.12.2024, titled as ‘Kartar Singh and others vs. GP, Swarupgarh’, in which similar prayer has been made. It is pointed out that in the said suit ad interim injunction has been denied to the plaintiffs by the Civil Judge (Junior Division), Charkhi Dadri vide order dated 09.12.2024; as also by the learned Additional District Judge, Charkhi Dadri vide order dated 09.09.2025.

5. It is further submitted by learned counsel for the respondents that in any event, the Hon’ble Supreme Court in a recent judgment in Municipal Corporation of Greater Mumbai and others vs. Pankaj Babulal Kotecha and others: Law Finder Doc Id # 2736209, has held that all public properties that vest in the State are to be used for the maximum benefit of the public at large.

6. Learned counsel for the respondent-State further clarifies that the Resolution dated 16.10.2024 has been passed by the Panchayat to transfer the land in dispute to the Public Health Department for Water Works. Accordingly, dismissal of present contempt petition is prayed for. 7. No other argument is raised on behalf of either of the parties. 8. I have heard ld. counsel and carefully gone through case file. 9. I find no merit in the submissions advanced on behalf of the petitioner