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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

CWP-14648-2026 (O&M)

Date of Decision : 12.05.2026

Rajesh Kumar and Another ... Petitioners

Versus

State of Haryana and Others ... Respondents

CORAM : HON’BLE MRS. JUSTICE ALKA SARIN

HON’BLE MR. JUSTICE RAMESH CHANDER DIMRI

Present : Mr. Ajay K. Yadav, Advocate for the petitioners.

Mr. Saurabh Mago, DAG Haryana for respondent Nos.1 to 5.

Mr. Ajay Vijarania, Advocate for respondent No.6.

ALKA SARIN, J. (Oral)

1. Prayer in the present petition is for issuance of a writ in the nature

of certiorari restraining the respondents from changing the nature of the land

by carrying out any construction over it.

2. Learned counsel for the petitioners has relied upon the judgments

of the Supreme Court in the cases of Hinch Lal Tiwari vs. Kamala Devi &

Ors. [2001 (6) SCC 496], Jagpal Singh & Ors. vs. State of Punjab & Ors.

[2011 (1) RCR (Civil) 912] and those of this Court in the cases of Gulzar

Singh vs. State of Haryana & Ors. [CWP-4952-2019 decided on

15.01.2020 = Law Finder Doc Id # 1686836], Harnek Singh vs. State of

Punjab & Ors. [2024 (1) RCR (Civil) 262], Hinduwan Shamshan Bhumi,

Tosham vs. State of Haryana & Ors. [2012 (67) RCR (Civil) 859] and

JITENDER KUMAR

2026.05.13 10:10

I attest to the accuracy and

authenticity of this order/judgment

Chandigarh

CWP-14648-2026 -2-

Jaipal Panchal & Ors. vs. State of Haryana & Ors. [2023 NCPHHC

122281] to contend that the nature of the land cannot be changed by the Gram

Panchayat.

3. Learned State counsel as well as learned counsel appearing on

behalf of respondent No.6-Gram Panchayat on advance notice have put in

appearance. Learned counsel for respondent No.6-Gram Panchayat has

pointed out that a resolution was passed by the Gram Panchayat on 16.10.2024

followed by the order dated 25.10.2024 passed by the Block Development and

Panchayat Officer. Neither the resolution passed by the Gram Panchayat nor

the order passed by the Block Development and Panchayat Officer have been

challenged by the petitioners till date. It has further been contended that one

of the villagers had approached this Court by filing a contempt petition on the

same cause of action being COCP-843-2026, which was dismissed vide order

dated 24.02.2026. It has further been pointed out that some of the villagers

had filed a civil suit on the same cause of action being CS-1329-2024 in which

the prayer for grant of ad interim injuction was rejected vide order dated

09.12.2024 and the appeal being CMA-69-2024 challenging the said order

also stood dismissed vide order dated 09.09.2025. Learned counsel for

respondent No.6-Gram Panchayat has further stated that this is the third round

of litigation that too without challenging the resolution and order of the Block

Development and Panchayat Officer.

4. We have heard the learned counsel for the parties.

5. The judgments relied upon by learned counsel for the petitioners

in the cases of Hinch Lal Tiwari (supra), Jagpal Singh (supra), Gulzar

Singh (supra), Harnek Singh (supra), Hinduwan Shamshan Bhumi,

Tosham (supra) and Jaipal Panchal (supra) would not come to his aid as in

JITENDER KUMAR

2026.05.13 10:10

I attest to the accuracy and

authenticity of this order/judgment

Chandigarh

CWP-14648-2026 -3-

the present case a resolution has been passed by the Gram Panchayat followed

by the order passed by the Block Development and Panchayat Officer to

which no challenge has been laid by the petitioners till date.

6. In view of the above, no ground is made out to entertain the

present petition and the same is dismissed. Needless to say that the petitioner

would be at liberty to challenge the resolution passed by the Gram Panchayat

on 16.10.2024 followed by the order dated 25.10.2024 passed by the Block

Development and Panchayat Officer, if so advised. Pending applications, if

any, also stand disposed off.

( ALKA SARIN )

JUDGE

12.05.2026 ( RAMESH CHANDER DIMRI )

jk JUDGE

NOTE: Whether speaking/non-speaking: Speaking

Whether reportable: YES/NO

JITENDER KUMAR

2026.05.13 10:10

I attest to th