Kashmiri Lal Since Deceased through His Lrs v. Municipal Corporation Hoshiarpur and Others
Case brief
What is this about?
Article 227 supervisory jurisdiction; revision against refusal to appoint Local Commissioner; Order XXVI Rule 9 read with Section 151 CPC; demarcation of suit land; encroachment; MPLADS link road over Kachha Rasta; Field Kanungo as Local Commissioner; suit for mandatory injunction; joint land 15 marlas out of 20 kanals 12 marlas; Village PurHirran, Hudbust No.251, Tehsil Hoshiarpur; Jamabandi 2017-18; writ under Article 226 not available against judicial orders but Article 227 power intact; Section 115 CPC contrast; decision dated 15-12-2025; signing judge Saurav Pathania (per e-signature stamp).
What did the court decide?
Revision petition allowed; application for appointment of Local Commissioner allowed. Field Kanungo appointed as Local Commissioner to demarcate the land measuring 15 marlas shown in red colour and marked as ABCD and to report whether it forms part of the total land measuring 20 kanals 12 marlas owned by petitioners (khewat nos. 326/323, 1953/1886 and 2458/2362; Village PurHirran, Hudbust No.251, Tehsil Hoshiarpur; Jamabandi 2017-18). Fee of the Local Commissioner to be assessed by the learned Civil Judge, payable by the plaintiffs-petitioners; report to be submitted in accordance with the directions of the learned Civil Judge.