Gurdis Kaur Vs State of Punjab and Others — Writ and Judicial Review | Punjab & Haryana HC (2025)

Gurdis Kaur Vs State of Punjab and Others — Writ and Judicial Review | Punjab & Haryana HC (2025)

What the court decided

AI extract

Outcome

No affirmative relief granted; petitioner left at liberty ('leaving it open') to avail her other remedy/ies in accordance with law.

Issue for consideration

Whether a writ in the nature of mandamus should issue directing the respondents to correct the revenue record with regard to the petitioner's (mortgaged) land. +1 more

Court's answer

The present writ petition seeking correction of the revenue record by way of mandamus is dismissed in view of the foregoing.

Ratio / Principle

Non-compliance with the Court's interim order dated 11.07.2025 persisted till date, and the further adjournment being sought by the petitioner was found unjustified.

Key takeaways

The proper remedy for the petitioner is to approach the competent Court/Forum for redemption of the mortgage in accordance with law, rather than the present writ petition.ratio¶24
The petitioner is left open/at liberty to avail her other remedy/ies in accordance with law.ratio¶28
All pending applications, if any, shall stand closed.ratio

Detailed headnote1 paragraphs

Writ petition dismissed. Gurdis Kaur, sister of late Dilbagh Singh @ Balkar Singh and beneficiary under his registered Will (inheritance recorded by Mutation No.1094 dated 10.12.2019), prayed under Articles 226/227 of the Constitution of India for a writ of mandamus directing correction of the revenue record for her brother's 525/1483 share in 74 kanal-3 marla of land (khewat No.26, village Suhawa), which he had mortgaged to respondent No.6-Harjit Singh by deed dated 18.01.2018 for five years. After respondent No.6 refused to accept the redemption money, the petitioner deposited Rs.2 lacs in the government treasury (E-challan dated 23.01.2023) and submitted a representation dated 29.05.2023, without any action on the revenue record. Justice Harsh Bunger, noting that costs of Rs.5,000/- imposed by the interim order dated 11.07.2025 had not been complied with and that a further adjournment was unjustified, held that the proper remedy was to approach the competent Court/Forum for redemption of mortgage in accordance with law, and dismissed the writ petition on 04.08.2025, leaving the petitioner open to avail her other remedies; all pending applications were closed.

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

CWP-5599-2025 (O&M) Date of decision :04.08.2025

GURDIS K A UR

…Petitioner

Versus

STATE OF PUNJAB AND OTHERS

…Respondents

CORAM: HON’BLE MR. JUSTICE HARSH BUNGER

Present : Mr. Inder Pal Singh, Advocate for the petitioner.

Mr. Nirmaljit Singh Diwana, S r . D.A.G., Punjab.

HARSH BUNGER, J. [ORAL]

Prayer in the present writ petition, filed under Article s 226/227 of the Constitution of India, is for issuance of a writ in the natur e of mandam u s , for directing respondents to correct the revenue record wit h regard to th e land of the petitioner.

Briefly, the claim of the petiti o ner is that her brother namely , Dilbagh Si n gh @ Balkar Singh had mo r tgaged his 525/1483 share i n 74 kanal-3 marla’s of land comprised in k h ewat No.26 , situated at villag e Suhawa, in favour of respondent No.6-H a rjit Singh vide mortgage dee d dated 18.01.2018 (Annexure P-1) for five y e ars.

2.1 It is stated that the brother of the petitioner expired o n 16.07.2019 and prior to his death, he ha d executed a registered Will i n favour of t he petitioner and her other s i ster-Puro. It is claimed that a mutation N o.1094 dated 10.12.2019 wa s sanctioned in favour of th e

GURPREET KAUR 2025.08.06 17:35 I attest to the accuracy and authenticity of this order/judgment High Court, Sector-1, Chandigarh

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petitioner and her sister on the basis of inheritance. It is further claimed that after the share of their brother was mutated in their names, the petitioner had approached respondent No.6 for redeeming the mortgage; however, respondent No.6 did not accept the mortgage amount and thereafter, the petitioner deposited an amount of Rs.2 lacs in the government treasury through E-challan dated 23.01.2023 (Annexure P-5).

2.2 Petitioner claims that she has been approaching respondents No.2 to 5 to correct the revenue record; however, no action has been taken and ultimately, she submitted a representation dated 29.05.2023 (Annexure P-6) to update the revenue record; however, no action has been taken thereupon so far. Hence, the present writ petition.

Heard.

On 11.07.2025, the following order was passed :-

“A perusal of order sheets would reveal that on last three occasions, the matter has been adjourned either on the written request circulated on behalf of the petitioner or due to absence of learned counsel for the petitioner; and even today, learned counsel appearing on behalf of the petitioner is seeking an accommodation, which is totally unjustified.

In the interest of justice adjourned to 04.08.2025; however, subject to payment of costs of Rs.5,000/- to be deposited with “ Punjab and Haryana High Court Bar Association Lawyers’ Family Welfare Fund (Account No.41564846387, S.B.I. High Court Branch)”.

Apparently, the afore-said order has not been complied with

till date and still another adjournment is being sought, which is unjustified. Even otherwise, the proper remedy for the petitioner would be to approach the competent Court/Forum for redemption of mortgage in accordance with law.

In view of the above, the present writ petition is dismissed;

GURPREET KAUR 2025.08.06 17:35 I attest to the accuracy and authenticity of this order/judgment High Court, Sector-1, Chandigarh

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however, leaving it open to the petitioner to avail her other remedy/ies, in

accordance with law.

All pending applications (if any) shall also stand closed.

August 04, 2025 (HARSH BUNGER) gurpreet JUDGE Whether speaking/reasoned: Yes/No Whether reportable: Yes/No

GURPREET KAUR 2025.08.06 17:35 I attest to the accuracy and authenticity of this order/judgment High Court, Sector-1, Chandigarh

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