Narender Singh Vs Joint .Dev.Commissioner… — Writ and Judicial Review | Punjab & Haryana HC (2026)

Narender Singh Vs Joint .Dev.Commissioner… — Writ and Judicial Review | Punjab & Haryana HC (2026)

What the court decided

AI extract

Outcome

Writ petition allowed; impugned orders dated 14.03.1984 (Annexure P-3), 25.05.1995 (Annexure P-4) and 19.10.1995 (Annexure P-5) set aside; matter remanded to the Collector concerned for decision afresh in accordance with law with up to two effective opportunities per party to lead further evidence; parties directed to appear before the Collector concerned on 04.05.2026 at 11.00 am; pending applications disposed of.

Issue for consideration

Whether the impugned orders could stand despite the issue of title not having been dealt with by either of the Authorities by discussing the evidence led by the parties, warranting remand for a fresh decision. +1 more

Court's answer

Since the issue of title was not dealt with by either of the Authorities by discussing the evidence led by the parties, the matter warranted remand to the Collector concerned for a decision afresh in accordance with law.

Ratio / Principle

The writ petition is allowed and the impugned orders dated 14.03.1984 (Annexure P-3), dated 25.05.1995 (Annexure P-4) and dated 19.10.1995 (Annexure P-5) are set aside.

Key takeaways

On remand, the Collector concerned shall decide the matter afresh in accordance with law, after affording two effective opportunities to each of the parties for leading any further evidence, if the parties so desire.ratio¶19

Detailed headnote1 paragraphs

Writ petition under Articles 226 and 227 of the Constitution of India filed by Narender Singh and Others against Joint Development Commissioner (IRD), Punjab and Others, seeking quashing of orders dated 25.05.1995 (Annexure P-4) and 19.10.1995 (Annexure P-5). Learned counsel for the parties being ad idem that the issue of title had not been dealt with by either of the Authorities by discussing the evidence led by the parties, the Court (Alka Sarin, J., oral) allowed the petition and set aside the orders dated 14.03.1984 (Annexure P-3), 25.05.1995 (Annexure P-4) and 19.10.1995 (Annexure P-5), remanding the matter to the Collector concerned for a decision afresh in accordance with law, after affording two effective opportunities to each of the parties for leading any further evidence, if the parties so desire. Parties directed to appear before the Collector concerned on 04.05.2026 at 11.00 am. Pending applications disposed of.

204

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

CWP-17508-1995 (O&M) Date of Decision : 20.04.2026

Narender Singh and Others ... Petitioners

Versus

Joint Development Commissioner (IRD), Punjab and Ors. ... Respondents

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

Present : Mr. Nandan Jindal, Advocate for the petitioners.

Mr. Aman Dhir, DAG Punjab for respondent Nos.1 and 2.

Mr. Avinit Avasthi, Advocate for respondent No.3.

Mr. Baljinder Singh, Advocate for respondent No.4(i).

ALKA SARIN, J. (Oral)

Present writ petition has been filed by the petitioners under Articles 226 and 227 of the Constitution of India for quashing the orders dated 25.05.1995 (Annexure P-4) and 19.10.1995 (Annexure P-5).

Learned counsel for the parties are ad idem that since the issue of title has not been dealt with by either of the Authorities by discussing the evidence led by the parties, the matter may be remanded to the Collector concerned for a decision afresh in accordance with law.

In view of the statement made by learned counsel for the parties, the present writ petition is allowed and the impugned orders dated 14.03.1984 (Annexure P-3), dated 25.05.1995 (Annexure P-4) and dated 19.10.1995

JITENDER KUMAR 2026.04.21 10:02 I attest to the accuracy and authenticity of this order/judgment Chandigarh

CWP-17508-1995

-2-

(Annexure P-5) are set aside. The matter is remanded to the Collector concerned for a decision afresh in accordance with law, after affording two effective opportunities to each of the parties for leading any further evidence, if the parties so desire.

The parties shall appear before the Collector concerned on

04.05.2026 at 11.00 am .

Disposed off. Pending applications, if any, also stand disposed off.

( ALKA SARIN ) JUDGE

20.04.2026 ( RAMESH CHANDER DIMRI ) jk JUDGE

NOTE: Whether speaking/non-speaking: Speaking Whether reportable: YES/NO

JITENDER KUMAR 2026.04.21 10:02 I attest to the accuracy and authenticity of this order/judgment Chandigarh