Disposed¶19

Kuldeep Singh v. State of Punjab and Others

Punjab & Haryana HC1 May 2025CWP-PIL/96/2025

Case brief

AI extract

What is this about?

Public interest litigation - encroachment on public road - unauthorized construction by private respondent No.7 - village Littran, Tehsil Dasuya, District Hoshiarpur - matter already before Civil Court - issue relates to title/possession - alternative remedy before appropriate authority - pending legal notice dated 10.03.2025 to respondents No.2 to 5 - direction to pass speaking order - writ petition disposed of with liberty, not decided on merits - Punjab and Haryana High Court, Sheel Nagu CJ and Sumeet Goel J.

What did the court decide?

Liberty to the petitioner to re-issue legal notice to respondents No.2 to 5, who are to consider and decide the dispute of obstruction on public land as early as possible by passing a speaking order and communicate the same to the petitioner. ¶19

Kuldeep Singh Vs State of Punjab and Others — Punjab & Haryana HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

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Issue for consideration

Whether a writ of mandamus should be issued for removal of the alleged illegal encroachment and unauthorized construction raised by respondent No.7, which obstructs the public road connecting the village to the main road. +1 more

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Court's answer

Without going into the merits, the petition is disposed of with liberty to the petitioner to re-issue legal notice to respondents No.2 to 5, who shall consider and decide the dispute of obstruction on the public land as early as possible by passing a speaking order and communicate it to the petitioner.

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Ratio / Principle

The issue essentially relates to title and/or possession of particular land which was the subject-matter of civil suit(s); if public land has been obstructed, the petitioner may raise his grievance before the appropriate authority, which he has done by serving legal notice dated 10.03.2025 (Annexure P-13) on respondents No.2 to 5, still undecided.

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Detailed headnote1 paragraphs

PIL (CWP-PIL-96-2025) by Kuldeep Singh against the State of Punjab and others, seeking mandamus for removal of encroachment/unauthorized construction allegedly raised by respondent No.7, a resident of village Littran (Police Station Tanda, Tehsil Dasuya, District Hoshiarpur), obstructing the public road connecting the village to the main road. The Court noted the matter was already before the Civil Court, that the issue essentially related to title and/or possession of land, and that the petitioner's legal notice dated 10.03.2025 (Annexure P-13) to respondents No.2 to 5 remained undecided. Without going into merits, the petition was disposed of with liberty to re-issue the legal notice; respondents No.2 to 5 were required to decide the obstruction dispute expeditiously by a speaking order and communicate it to the petitioner.

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CWP-PIL-96-2025 -1-

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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

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CWP-PIL-96- 2 025 Date of decision : 01.05. 2 025

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Kuldeep S i ngh

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…….Petiti o ner Versus

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State of P u njab and others

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...….Respon d ents

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CORAM: H ON'BLE MR. JUSTICE SHEEL N A GU, CHIEF JUSTICE H ON'BLE MR. JUSTICE SUMEET G OEL

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Present: Mr. Harmanjit Singh Thiara, A dvocate, and Mr. M.S. Gill, Advocate, for the petitioner.

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Mr. Saurav Verma, Addl. Ad v ocate General, Punjab.

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SHEEL NAGU, CHIEF JUSTICE ( Or a l )

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This PIL has been filed pra y ing for a direction in the shape of mandamus for removal of illegal encroac h ment and unauthorized constru c tion raised by r espondent No.7, a resident of village Littran, Police Station Tanda, Tehsil D a suya, District Hoshiarpur, si n ce the said construction ca u ses obstructio n in public road connecting the village to main road.

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After having heard learned co u nsel for the petitioner and per u sing the record, it appears that the same matte r has been taken up before the C ivil Court and c ertain orders were passed.

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Accordingly, it appears that the issue essentially relates to title and/or pos s ession of a particular land,whi c h was subject-matter of civil su i t(s). This Cour t is of the considered view that if public land has been obstru c ted,

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NAROTAM DASS 2025.05.02 12:46 I attest to the accuracy and authenticity of this order/judgment

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CWP-PIL-96-2025 -2-

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the petitio n er has a right to raise his grieva n ce before the appropriate auth o rity, which ha s been done by him by serv i ng legal notice dated 10.03. 2 025 (Annexure P-13) upon respondents No.2 t o 5, which has not been decid e d as yet.

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Without going into merits of the case, this Court disposes o f the petition w i th liberty to the petitioner to r e-issue legal notice to respon d ents No.2 to 5, who shall consider and decid e the dispute of obstruction o n the public lan d as early as possible by passin g a speaking order and commun i cate the same t o the petitioner.

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( SHEEL NAGU ) CHIEF JUSTICE

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May	01, 20 25	( SUMEET GOEL ) JUDGE
narota	m
	Wheth erspeaking/reasoned	Yes/No
	Wheth er reportable	Yes/No

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NAROTAM DASS 2025.05.02 12:46 I attest to the accuracy and authenticity of this order/judgment

Kuldeep Singh v. State of Punjab and Others

Case brief

What is this about?

What did the court decide?

Kuldeep Singh v. State of Punjab and Others

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

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Procedural history

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