IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
LUDHIANA IMPROVEMENT TRUST LUDHIANA THROUGH ITS CHAIRMAN – Appellant
Versus
DEVI PARSHAD SINCE DECEASED REPRESENTED BY L RS AND ORS – Respondent
CR_1225_2025
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Date of Decision: 16.04.2026 Ludhiana Improvement Trust and another …Petitioners V/s Devi Parshad (since deceased) through LRs and others …Respondents CORAM : HON’BLE MR. JUSTICE VIKRAM AGGARWAL Present: Ms. Kavita Arora, Advocate, for the petitioner.
Mr. Vaibhav Sehgal, Advocate and Ms. Shravya Doomra, Advocate, for the respondents.
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VIKRAM AGGARWAL, J (ORAL)
The instant revision petition, preferred under Article 227 of the Constitution of India, assails order dated 17.01.2025 (Annexure P-1) passed by the Court of Civil Judge (Sr. Divn.), Ludhiana, vide which the application moved by the petitioners/judgment-debtors seeking a direction to the respondents/decree-holders to produce the original receipt of earnest money was dismissed and warrants of attachment of the properties of the petitioners/judgment debtors were issued.
2. The respondents/decree-holders instituted a suit for declaration to the effect that they were entitled to a plot, being locally displaced persons. Consequential relief of permanent injunction restraining the petitioners/judgment-debtors from alienating any plot by way of auction/allotment or otherwise in Model Town Extension II Scheme, Ludhiana without allotting a plot to the respondents/decree-holders was also sought.
3. The claim of the plot was based upon the acquisition of land measuring 7350 sq. yards, situated in village Gill, Tehsil and District Ludhiana, owned by Sh. Sadhu Ram, father of the respondents/decree-holders. 4. The said suit was partly decreed vide judgment and decree dated 13.05.2014 (Annexure P-2) passed by the Court of Civil Judge (Sr. Divn.), Ludhiana. The operative part of the said judgment and decree is as under:-
“21. In view of discussion above the present suit succeeds and is partly decreed in favour of plaintiffs and against defendants with costs by holding that plaintiffs are entitled to declaration that they are entitled to be considered for the allotment of plot as per their entitlement under they new policy in the light of law being laid down by Full Bench of Hon’ble Punjab and Haryana High Court in case titled as Jarnail Singh and others vs. State of Punjab and another, 2011 AIR Punjab 58 being the locally displaced persons oustees whose land has been acquired by State Government for public purposes and defendant Trust will constitute a committee within a period of two months from the passing of this judgment and the said committee will pass a speaking order within period of six months from constitution of this committee in accordance with the above said new policy being framed by State Government to determine the claim of plaintiffs for the allotment of the plot.”
5. Aggrieved by the said decision, the petitioners/JDs instituted an appeal which was dismissed by the Court of Additional District Judge, Ludhiana vide judgment and decree dated 25.05.2017 (Annexure P-3), with the following observations:-
“16. In view of discussion held in preceding paragraphs of this judgment, this Court is of the considered opinion that there is no infirmity in judgment passed by Ld. Lower Court which has found respondents entitled to be considered for the allotment of plot as per their entitlement under the new policy. There is no merit in present appeal also. Hence, it is ordered to be dismissed...”
6. As per the petitioners/JDs in compliance of the directions issued by the trial Court, speaking order dated 19.09.2023 (Annexure P-4), was passed.
7. However, in an execution petition filed by the respondents/decree-holders, the executing Court directed the petitioners/JDs, to allot a plot to the respondents/decree-holders as per the Improvement Trust Rules, 1964 and as per the decree passed on 13.05.2014. However, an application filed by the petitioners/JDs for withdrawal of the show cause notice and for directing the respondents/decree-holders to provide the original receipt of the amount deposited along with other necessary documents, was dism
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