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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

CWP-9473-2026 (O&M)

Date of Decision : 17.04.2026

Charagah Vikas and Welfare Society Mehatpur ... Petitioner

Versus

State of Punjab and Others ... Respondents

CORAM : HON’BLE MRS. JUSTICE ALKA SARIN HON’BLE MR. JUSTICE RAMESH CHANDER DIMRI

Present : Mr. M.S. Dhami, Advocate for the petitioner. Mr. Aman Dhir, DAG Punjab for respondent Nos.1 and 2.

None for respondent No.3.

Mr. Harsh Aggarwal, Advocate for respondent Nos.4 and 5.

ALKA SARIN, J. (Oral)

1. Present writ petition has been filed for issuance of a writ in the nature of certiorari for quashing the order dated 29.12.2025 (Annexure P-12) passed by respondent No.2-Deputy Commissioner, S.B.S. Nagar being null

and void.

2. The brief facts as stated in the present writ petition are that respondent No.3-Gram Panchayat Mehatpur was owner in possession of Jumla Malkan Hasad Rasad Khewat being Charagah land measuring 396 Kanals 11 Marlas as per Jamabandi for the year 1965-66. Prior to 2013 the Gram Panchayat Mehatpur was not being able to adequately earn from the utilization of the said land and therefore the permanent residents of the village

JITENDER KUMAR

2026.04.18 10:04 I attest to the accuracy and authenticity of this order/judgment Chandigarh

CWP-9473-2026 -2- Mehatpur in Gram Sabha passed a resolution dated 10.10.2013 for constitution of Charagah Vikas and Welfare Society Mehatpur for the management of the said land and for proper utilization of the income earned from the land. It is further averred in the writ petition that a society namely, Charagah Vikas and Welfare Society, Mehatpur was registered with the Additional Registrar of Societies, S.B.S. Nagar vide registration certificate dated 04.12.2013 (Annexure P-4). The land measuring 396 Kanals 11 Marlas was leased out vide two separate lease deeds dated 27.12.2013 (Annexures P-5 and P-6) for fish farming for the period from 01.01.2014 to 31.12.2023 @ ₹12,000/- per acre per year with a further increment of 10% in lease money for each subsequent year after two years of the beginning of the said lease period. A complaint was filed by respondent Nos.4 and 5 alongwith some other persons qua the management and working of the petitioner-Society. The said complaint was filed vide enquiry report dated 06.05.2021 (Annexure P-8). The land was once again leased out for another period of 10 years starting 01.01.2024 to 31.12.2033 @ ₹28,000/- per acre per year with annual increment of 5% per acre in the amount of lease money after advertisement in the newspaper for calling of quotations in an open auction vide two separate lease deeds dated 26.12.2023 (Annexures P-9 and P-10). Respondent Nos.4 and 5 filed a writ petition being CWP-18720-2025 titled ‘Avtar Singh & Anr. vs. State of Punjab & Ors.’ for recovering the Charagah land and the lease money from the petitioner-Society. The said writ petition was disposed off vide order dated 23.09.2025 (Annexure P-11) with liberty to the petitioners therein to file a representation before the Deputy Commissioner (respondent No.2 herein) and further with a direction to the Deputy Commissioner to decide the same by passing a speaking order within a period of two months.

JITENDER KUMAR

2026.04.18 10:04 I attest to the accuracy and authenticity of this order/judgment Chandigarh

CWP-9473-2026 -3- Pursuant to order dated 23.09.2025, the impugned order dated 29.12.2025 (Annexure P-12) was passed by respondent No.2-Deputy Commissioner wherein the petitioner-Society was directed to hand over the Shamlat land measuring 26 acres to the Gram Panchayat. It was further directed that after enquiry the accountability and responsibility of officers/personnel be fixed and report be submitted to the Deputy Commissioner. Aggrieved by the same,

the present writ petition has been filed by the petitioner-Society.

3. Learned counsel for the petitioner would contend that the petitioner is a registered Society which was set up by the Gram Sabha vid