IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CWP-14262-2024 (O&M)

Date of decision :05.09.2025 MONA KAPOOR AND ANOTHER …Petitioners Versus THE STATE OF PUNJAB AND OTHERS …Respondents CORAM: HON’BLE MR. JUSTICE HARSH BUNGER Present : Mr. Sumit Jain, Advocate for the petitioners.

Mr. Harpreet Singh, A.A.G., Punjab.

HARSH BUNGER, J. [ORAL]

Prayer in the present writ petition, filed under Articles

226/227 of the Constitution of India, is for issuance of a writ in the nature of certiorari, for setting aside the letter bearing No.18/56/2006-PL-3/16467 dated 22.12.2020 (Annexure P-14) issued by respondent No.2 whereby, the sale or transfer in any other way of the land in question has been stopped.

A further prayer has been made for issuance of a writ in the nature of mandamus for directing respondent No.2 to remove the adverse entry in the revenue records.

2. Briefly, the petitioners claim to be the bona fide purchasers of land measuring 80 kanals – 0 marla situated at Village Hambran, Tehsil and District Ludhiana; which was earlier allotted to one

2025.09.10 14:30 Ex. Sepoy Lt. Kulwant Singh by the State Government on dated

26.08.2014. It appears that the Ex. Sepoy Lt. Kulwant Singh, while serving in the Army, had fought in the Indo-Pak Conflict of 1971 and suffered a battle casualty whereupon, his right foot was amputated and he was declared permanently disabled.

2.1 It transpires that Ex. Sepoy Lt. Kulwant Singh filed a writ petition (CWP-387-2010) before this Court, inter alia, seeking a writ in the nature of mandamus for directing the State of Punjab to allot 10 ordinary acres of land to him, in terms of the provisions of Punjab Package Deal Properties (Disposal) Rules, 1976 (hereinafter referred to as '1976 Rules'). The said writ petition came to be disposed of, vide order dated 01.12.2011 (Annexure P-5), the operative part of which reads as under :-

“11. In the light of aforesaid reasons, the instant writ petition is disposed of with liberty to the petitioner to move an application in terms of Rule 4 of the relevant rules within a period of two months from today. In case, such application is made by him, the same shall be sympathetically considered by the competent authority, without adhering to the technical objection of non-filing of the application and by passing a well-reasoned speaking order, within a period of two months thereafter. If a favorable decision to the petitioner is taken by the competent authority, then the allotment of land shall be made to him within a further period of two months. The Registry is directed to send a copy of this order to the respondents forthwith for its strict compliance.”

2.2 It appears that the aforesaid order dated 01.12.2011 (Annexure P-5) passed by this Court in CWP-387-2010, was not complied with, which constrained the Ex. Sepoy Lt. Kulwant Singh to file a contempt petition (COCP-271-2013) before this Court. It transpires that the then learned Financial Commissioner (Revenue), Punjab, passed an order dated

20.03.2013, allotting 10 ordinary acres of land in District Tarn Taran, subject to fulfillment of other conditions in the said order.

2.3 In the contempt petition, the aforesaid fact of passing of an order dated 20.03.2013 by the learned Financial Commissioner was placed before this Court and accordingly, the contempt petition (COCP-271-2013 was disposed of on 22.03.2013 (Annexure P-7), the relevant extracts of which read as under :-

“ Reply to the petition by way of affidavit of N.S. Kang, IAS, Financial Commissioner (Revenue), Punjab, Chandigarh dated 21.03.2013 filed in Court, is taken on record.

Learned counsel for the respondent submitted that by passing of order dated 20.03.2013, directions issued by this Court, have been complied with.

Learned counsel for the petitioner submitted that the order dated 20.03.2013 has been forwarded by the Financial Commissioner (Revenue) and Secretary to Government of Punjab to the Deputy Commissioner for necessary action. The Deputy Commissioner be