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2026 Supreme(Online)(P&H) 77486

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
TARA CHAND – Appellant
Versus
STATE OF HARYANA AND OTHERS – Respondent
CWP_23660_2025



IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

138+270 and CM-5901-CWP-2026 in/and CWP-23660-2025 (O&M)

Date of decision: 08.05.2026 Tara Chand ....Petitioner Vs.

State of Haryana and others ....Respondents CORAM : HON’BLE MR. JUSTICE HARSH BUNGER Present: Mr. Rajbir Singh, Advocate and Mr. Sukhdev Singh, Advocate for Mr. Vikram Singh, Advocate for the petitioner.

Mr. Pankaj Mulwani, Sr. DAG, Haryana.

Mr. Ashok Kaushik, Advocate for respondent No.4.

*****

HARSH BUNGER J. (Oral)

1 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 order dated 26.11.2024 (Annexure P-13) passed by the learned Deputy Commissioner, Faridabad, vide which the petitioner has been removed from the post of Sarpanch of Gram Panchayat Village Sahupura Khadar, District Faridabad, primarily on the ground that petitioner is in un-authorized possession of land comprised in rectangle

District Faridabad, which is recorded as ownership of 'Panchayat Deh'.

2. On 27.04.2026, the following order was passed by this Court:-

“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 order dated 26.11.2024 (Annexure P-13) passed by the learned Deputy Commissioner, Faridabad, vide which the petitioner has been removed from the post of Sarpanch of Gram Panchayat Village Sahupura Khadar, District Faridabad, primarily on the ground that petitioner is in un-authorized possession of land comprised in rectangle No.30 khasra Nos.4 and 7 situated at Village Arua, Tehsil Dayalpur, District Faridabad, which is recorded as ownership of "Panchayat Deh".

Learned counsel for the petitioner submits that the petitioner is not in possession of even an inch of panchayat land, let alone the land comprised in rectangle No.30 khasra Nos.4 and 7 situated at Village Arua, Tehsil Dayalpur, District Faridabad. He further submits that the petitioner is ready and willing to get the aforesaid area demarcated from any senior official and in case he is found to be in un-authorized possession of the panchayat land, his petition may be dismissed.

Today, petitioner-Sh. Tara Chand is present in the Court and has been duly identified by his counsel and has also made a similar statement before the Court.

On the other hand, learned State counsel as well as learned counsel for respondent No.4 have not opposed the aforesaid course being adopted.

Keeping in view the above, let the area comprised in

Tehsil Dayalpur, District Faridabad, be demarcated by the

revenue authorities under the supervision of the Sub Divisional

Magistrate, Ballabgarh and a report in that regard be placed

before this Court on or before the next date of hearing. It is made clear that the aforesaid demarcation be carried out in the presence of the petitioner as well as all other stake holders.

List on 07.05.2026.”

3. In compliance of the aforesaid order dated 27.04.2026, learned State counsel has produced a report in the sealed envelope, which was opened in Court today and is taken on record, subject to all just exceptions. The aforesaid report submitted by learned Sub-Divisional Officer, Ballabhgarh, clearly records that the site/land, comprised in rectangle No.30, khasra Nos.4 and 7 was demarcated on 04.05.2026 in the presence of the petitioner as well as respectable persons of the village; and upon demarcation it has been found that Tara Chand (petitioner) and his brother Davinder Pal have illegally occupied area to the extent of 1171 sq. yards, comprised in rectangle No.30, khasra Nos.4 and 7.

4. Once, the unauthorized possession of the petitioner has been found on the land comprised in rectangle No.30, khasra Nos.4 and 7; accordingly in pursuance to the aforesaid order dated 27.04.2026, and upon considering the submissions raised on behalf of the learned counsel appearing for the petitioner, I find no merit in the instant

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