IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CWP-25892-2025 (O&M)

Date of decision :02.09.2025 KESHAV @ KESHAV KUMAR AGGARWAL AND OTHERS …Petitioners Versus STATE OF PUNJAB AND OTHERS …Respondents CORAM: HON’BLE MR. JUSTICE HARSH BUNGER Present : Mr. Raghav Sharma, Advocate for the petitioners [through VC]

Mr. Nirmaljit Singh Diwana, Sr. D.A.G., Punjab.

HARSH BUNGER, J. [ORAL]

1. Prayer in the present writ petition, filed under Article 226 of the Constitution of India, is for issuance of a writ in the nature of certiorari, for setting aside Entry No.581 in the Jamabandi (Annexure P-3) vide which, the name of the Forest Department has been recorded against

30 kanals of land of the petitioners.

1.1 A further prayer has been made for issuance of a writ in the nature of mandamus for directing the respondent authorities to remove the name of the Forest Department from the Jamabandi and enter the name of the petitioners being legal owners of 33 kanal-2 marlas of land.

2. Briefly, the petitioners claim to be the bona fide purchasers of land comprised in Khewat No.11, Khatoni No.39, Khasra Nos.417/2(16-18), 420/1(7-0), 420/2(7-0) and 508/416/1(2-4), measuring 33 Kanals 2 Marlas, situated in Hadbast No.394, Tehsil Dhar Kalan, District Pathankot. The said land is stated to have been purchased by the petitioners from Sh. Manmohan Krishan Sahni, through a registered sale deed dated 29.12.2015 (Annexure P-2). It is stated that after the purchase of the afore-said land, the names of the petitioners were duly reflected in the Jamabandi for the year 2010-11 (Annexure P-1).

2.1 Petitioners claim that since the execution of the sale deed in their favour, they have remained in continuous possession of the afore-said land and that they have also constructed rooms and structures thereon. It is stated that the petitioners were never made aware as regards the pendency of any litigation qua the afore-said property nor there was any dispute with respect to its title; however, the respondents vide mutation No.581 (as reflected in Annexure P-3), in an illegal and arbitrary manner, have recorded the ownership of the afore-said land in favour of the Forest Department without issuing any notice to the petitioners or affording them any opportunity of hearing.

2.2 In para No.7 of the writ petition, the petitioners have mentioned that earlier also, they had approached this Court by way of filing writ petition (CWP-14385-2022); however, the same was dismissed as withdrawn vide order dated 09.05.2023 (Annexure P-4) with express liberty to file a fresh petition.

2.3 In the afore-mentioned circumstances, the present writ petition has been filed by the petitioners before this Court, for seeking relief/s, as noticed here-in-above.

3. Heard.

4. As per the petitioners’ own pleaded case, they had earlier also approached this Court by way of filing a writ petition (CWP-14385-2022), which is stated to be dismissed as withdrawn on 09.05.2023. The relevant extract of order dated 09.05.2023 (Annexure P-4) reads as under :-

“Dismissed as withdrawn.

For orders, see CWP-844-2021 titled as “Sudarshan Kumar and others vs. State of Punjab and others” of even date.”

4.1 A perusal of the above extracted order would show that no express liberty was granted to the petitioners to file a fresh petition.

4.2 Be that as it may, it is also recorded in the above extracted order dated 09.05.2023 that “for orders, see CWP-844-2021 titled as “Sudarshan Kumar and others vs. State of Punjab and others” of even date.”

5. The petitioners have not attached a copy of the order passed in CWP-844-2021; however, a copy thereof has been downloaded from the website of this Court. The said order reads thus :-

“1. In the present bunch of writ petitions, challenge is to the letter dated 01.07.2020 vide which the respondents have passed an order to transfer the land of the petitioners and further ordered to make changes in the revenue record.

2. On 14.01.2021, a coordinate Bench of this Court was pleased to pass or