IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH ***

CR-1423-2025 Date of decision : 10.03.2025 Bir Singh ... Petitioner Versus Sohan Singh and others ... Respondents CORAM: HON'BLE MR. JUSTICE VIKAS BAHL Present: Mr.Kuldeep Singh, Advocate for the petitioner.

VIKAS BAHL, J.(ORAL)

1. This is a Civil Revision Petition filed under Article 227 of the Constitution of India praying for setting aside the impugned order dated 20.02.2025 (Annexure P-10) passed by the Civil Judge (Jr.Div.), Amloh, vide which the application of the plaintiff-petitioner for amendment of the plaint has been dismissed.

2. Learned counsel for the petitioner has submitted that the petitioner had filed a suit for permanent injunction restraining the defendants, their agents and servants from causing any hindrance / obstruction in construction being raised by the plaintiff over his plot of land which is part and parcel of land measuring 8 marlas 3 sarsahies out of the land measuring 1K-12M comprised in khewat no.137/138, khatouni no.259 khasra no.119 (0-6), 120/3 (1-3), 121/3(0-3) as per jamabandi for the year 2013-2014 situated within the revenue limits of village Amloh, Teshil Amloh. Learned counsel for the petitioner has submitted that the Municipal Council had issued notice to the petitioner stating that the petitioner needs to remove the illegal occupation over the government land and thereafter the petitioner had filed CWP-33728-2024 and in the said case, on 18.12.2024 the Coordinate Bench of this Court was pleased to pass the order (Annexure P-6), which has been highlighted by learned counsel for the petitioner, which reads as under:-

“Learned counsel for the petitioner, on instructions, from the petitioner, who is present in the Court submits that he is not in possession of any public land. He further submits that a demarcation may be ordered to be carried out of the land owned by the petitioner (for which the site plan already stands approved by the Municipal Council, Amloh) as well as public streets and upon demarcation, if the petitioner is found in possession of any public land or land which is not owned by him, then he shall remove his possession therefrom forthwith, without any objection.

Notice of motion.

Mr. Navneet Singh, Senior Deputy Advocate General, Punjab and Mr. Chandan Singh, Advocate, accept notice on behalf of the respondent-State and respondent No.2/MC, respectively and submit that they have no objection if fresh demarcation is carried out.

In view of the submissions made by learned counsel for the respective parties, let a fresh demarcation of the site claimed by petitioner (regarding which the building plan was sanctioned by M.C, Amloh) as well as the streets adjacent/or in the vicinity of the land claimed by the petitioner be carried out by the concerned Tehsildar/Revenue Authorities, after associating the petitioner, officials of M.C. Amloh and other concerned parties therein.

The demarcation report be submitted in this Court on or before the next date of hearing.

List on 05.02.2025.”

3. It is submitted that in pursuance of the said order, the demarcation report has been submitted, as per which khasra no.121/1 is stated to be not in the ownership of the Municipal Council. It is argued that in view of the same, the petitioner moved an application for amendment and wanted to replace the “khasra no.121/3(0-3) with khasra no.121/1(0-3) and the said application has been illegally dismissed by the trial Court vide impugned order dated 20.02.2025 and has prayed that the said order be set aside.

4. This Court has heard learned counsel for the petitioner and has perused the paper book and finds that the impugned order has been rightly passed by the learned trial Court and deserves to be upheld and the present petition being meritless, deserves to be dismissed for the reasons stated hereinafter.

5. A perusal of the order dated 20.02.2025 would show that it has been observed by the trial Court that the trial in the present case has already started