152 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CWP-6763-2026 (O/M)

Date of decision : 09.03.2026 Balveer Singh ...... Petitioner Versus State of Punjab and others ...... Respondents CORAM : HON'BLE MR. JUSTICE HARSH BUNGER Present :- Mr. S.S. Bhullar, Advocate for Mr. Ravinder Singh Maur, Advocate for the petitioner.

Mr. Harpreet Singh, AAG Punjab. -.- -.-

HARSH BUNGER, J. (ORAL)

1. Prayer in this civil writ petition filed under Article 226 of Constitution of India, inter alia, is for issuance of a writ in the nature of mandamus for directing revenue authorities to conduct fresh demarcation of land, comprised in Khasra No. 473 (1-2) Gair Mumkin Rasta and Khasra No. 479/2 (0-3) Gair Mumkin Roori, situated at village Kotli Khurd, Tehsil Maur, District Bathinda.

2. Petitioner states that he submitted an application dated 23.08.2023 (Annexure P-1) before the Tehsildar, Maur, requesting demarcation of aforesaid land; however, no action was taken thereon. It is alleged that when the petitioner approached respondent No. 5-Block Development and Panchayat Officer, Maur (in short 'BDPO') then the said officer demanded illegal gratification for carrying out the demarcation.

2.1 Thereafter, the petitioner is stated to have submitted a written complaint dated 09.04.2024 before Deputy Commissioner, Bathinda, which is stated to have been earmarked to Sub Divisional Magistrate, Maur for inquiry and later on, the demarcation was carried out on 25.11.2024 (Annexure P-3) and consequently, the petitioner is stated to have withdrawn his earlier complaint.

2.2 It is the case of petitioner that the BDPO concerned issued a letter dated 13.02.2025 (Annexure P-4) declaring the demarcation void and on account of aforesaid arbitrary cancellation of earlier demarcation report, respondent No. 7 (Sarpanch of village Kotli Khurd) has illegally encroached upon petitioner's land. It is stated that the petitioner submitted a representation (Annexure P-7) before revenue authorities; however, no action has been taken thereon.

3. In the aforementioned circumstances, the petitioner has filed the instant civil writ petition before this Court for seeking relief(s), as noticed hereinabove.

4. Heard.

5. The petitioner is aggrieved against letter dated 13.02.2025 (Annexure P-4), issued by BDPO concerned, the relevant extract of which reads as under :-

“With reference to the above subject and the letter under reference, it is submitted that an application given by Balvir Singh son of Balwant Singh, resident of Kotli Khurd, was received. On 30.01.2025, the undersigned, along with Kuldeep Singh Panchayat Secretary, Kotli Khurd, and Sandeep Singh, concerned Patwari, inspected the spot and held discussions with adjoining householders regarding the above said Pahi/Rasta. It was found that in Khasra Nos. 474, 475, 476, 477, 478, a Peerkhana (religious place) has been constructed, and its boundary wall has been erected. There is a main gate of the Peerkhana on the main road, and as per Jamabandi, its length is 18 Karams. Thereafter, there exists a passage of 3 Karams, but the persons of the Peerkhana have extended their boundary wall up to 22-23 Karams.

Thus, the Gair Mumkin Rasta, Khasra No. 473, falls within the Peerkhana. However, the demarcation conducted on 25.11.2024 is not correct. The Panches and Sarpanch of Gram Panchayat, Kotli Khurd, have made a written request that no action be taken on the basis of demarcation conducted on 25.11.2024. Furthermore, with respect to the above said passage, civil suits bearing Case No. CS-19-2024 and CS/893/2024 are pending in the Court of Talwandi Sabo.

Therefore, it is humbly requested that the demarcation of the above said passage be conducted afresh by constituting a panel.”

5.1 A perusal of above extracted letter dated 13.02.2025 (Annexure P-4) would show that Gram Panchayat of village Kotli Khurd had submitted a request that the demarcation conducted on 25.11.2024 (Annexure P-3) be not acted upon. It has been further noticed that t