Application seeking to place document copies on record in a writ petition concerning land demarcation and mortgage details was disposed of. Documents were taken on record with just exceptions.
Copy of documents as Annexures P-7 to P-9 taken on record.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
CWP-1866-2025 (O&M) - 1-
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
113 CWP-1866-2025 (O&M) Date of decision: 22.04.2026
Kotak Mahindra Bank Ltd. Through its Senior Vice President
....Petitioner
Vs.
State of Punjab and others
....Respondents
CORAM : HON’BLE MR. JUSTICE HARSH BUNGER
Present: Mr. Manish Jain, Sr. Advocate assisted by Mr. Siddhant Jain, Advocate and Mr. Manan Jain, Advocate for the petitioner.
Mr. Nirmaljit Singh Diwana, Sr. DAG, Punjab.
HARSH BUNGER J. (Oral)
CM-2681-CWP-2026:
Prayer in the present application is for placing on record copy of documents as Annexures P-7 to P-9, respectively.
For the reasons mentioned in the application, the copy of documents as Annexures P-7 to P-9 respectively, are taken on record, subject to all just exceptions.
Application is accordingly disposed of.
CWP-1866-2025:
Petition herein is, inter alia , seeking a writ in the nature of Mandamus, for directing respondents No.1 to 5 to produce copies of the supplementary field book and Shajra of Hadbast No.244 and thereafter, also
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carry out demarcation of the land of respondent No.6, measuring 18,735.33 sq. yards, located at village Jugiana, District Ludhiana,
“Learned counsel for the petitioner submits that the petitioner is a banking company incorporated under provisions of the Companies Act, 1956 and also a secured creditor of respondent No.6-M/s Oswal Spinning & Weaving Mills Limited. It is submitted that earlier the petitioner had approached this Court by way of filing a Writ Petition bearing CWP No.18078 of 2023 titled as “Kotak Mahindra Bank Ltd. Vs. State of Punjab and others”, seeking updation of the revenue records and also for the demarcation of the land belonging to respondent No.6. It is further submitted that the said writ petition (CWP-18078-2023) was disposed of vide order dated 21.08.2023 (Annexure P-5), directing the concerned Naib Tehsildar to decide the letter/representation dated 28.07.2023, filed by the petitioner, within a period of two months.
Learned counsel for the petitioner submits that thereafter, the Naib Tehsildar, Sahnewal, District Ludhiana has passed an order dated 09.10.2023 (Annexure P-1). The relevant extract thereof reads as under:
“However, in compliance of the order passed by the Hon’ble Punjab & Haryana High Court, Chandigarh, report was obtained from the concerned Halqa Patwari. The concerned Halqa Patwari vide its report dated 12/09/2022 has reported that as per Letter No.132/R dated 26/08/2022 Naib Tehsildar Sahnewal through Field Kanungo letter No.50 SK dated 12/09/2022 investigation was conducted. As per investigation, Field Book, Shajra (Naksha) and Supplementary Field Book of Hadbast No.244 are not available in the official record for a long period of time. As such, the demarcation of the property is not possible.
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Hence, as per the above said report of Halqa Patwari since the Field Book, Shajra (Naksha) and Supplementary Field Book of Hadbast No.244 is not available, as such, the demarcation of the property is not possible. The applicant is hereby informed accordingly. Hence, the order dated 21/08/2023 passed by Hon’ble Punjab & Haryana High Court, Chandigarh stands complied with.”
On the last date of hearing i.e. 07.02.2025, learned State counsel had sought time to get instructions in the matter.
Today, learned State counsel submits that the relevant records like Field Book, Aks Shajra, and other revenue records in respect of the property situated at Village Jugiana, Ludhiana is not available either in the Patwar Khanna or with the office of the Deputy Commissioner.
Keeping in view the seriousness of the matter, let the Deputy Commissioner, Ludhiana enquire into the matter and fix the responsibility of the persons, responsible for the same and submit a status report in this regard, before the next date of hearing.
Adjourned to 23.04.2025.
Let the needful be done before the next date of hearing.” 3. In response to the abovesaid order dated 14.02.2025, status report dated 14.05.2025 was filed by learned Deputy Commissioner, Ludhiana, Punjab, stating that in village Jugiana, no consolidation operation has taken place and copy of Aks Shajra is not available with the Revenue Authorities as the Aks Shajra of village Jugiana, was lost by Sh. Joga Singh, Patwari, who has since retired. It is further stated that vide letter dated 04.04.2025, learned Additional Deputy Commissioner, Ludhiana has recommended to take disciplinary action against Sh. Joga Singh and to further constitute a Committee under the presidentship of learned Sub-
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Divisional Magistrate, Ludhiana (East) consisting of Naib Tehsildar, Sahnewal, Kanungo Halqa and Halqa Patwari as its Members, for the purpose of comparison and certification of Aks Shajra ( available in the office of Executive Engineer, Water Resource Department, Ludhiana).
“ 4. That it is pertinent to mention here that in the revenue record of Village Jugiana, Sub Tehsil Sahnewal no mortgage is entered in the Special Remarks Column of the fard/jamabandi regarding advancement of this loan amount of 15 Crores, To the above mentioned firms whereas, this loan was issued on 16/11/2007 nor Kotak Mahindra Bank had made any correspondence in this regard earlier nor this office was ever directly contacted.
5. That it is specifically mentioned here that As per revenue record as on the date of availing the loan, in the above said khata, the above said firms were the owners of total area measuring 85760.25 sq. yards in the village Jugiana. Thereafter onwards from the year 2011 to 2019 both these firms have sold area measuring 23 Bighas 8 Biswas 8 Biswasi being 70,846.50 sq. yards to different persons through different vasikas i.e. total 65 vasikas. After selling the property through different vasikas, now there remains total land measuring 14,913.75 sq. yards in Village Jugiana, Sub Tehsil Sahnewal, which as per revenue record comes within mushtarqa khata (common khata). True copies of the details/List of vasikas mentioned above in tabular manner is annexued here with as Annexure R/1.
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6. It is pertinent to mention here that in the jamabandi for the year 2017-2018 mistakenly in the share of ownership of the above said firms ownership over 15 Bighas 17 Biswas 4 Biswasi being 47,976.50 sq. yards was wrongly recorded, whereas, the correct area coming into their shares is 14.913.75 sq.yards, which is required to be corrected. However, the correction cannot be made during the pendency of the case before the Hon'ble Punjab & Haryana High Court, Chandigarh. As such, the share of property coming to both these firms is required to be counted as 14,913.75.
7. That as per the rough site plan prepared as per Google Map and Canal Shajra and as per the Khasra Numbers provided by Kotak Mahindra Bank, as per the picture which comes into light now that, there is thick population in this area and many buildings are constructed at the spot.
8. That as per revenue record the left over property of above said Oswal Firms in Village Jugiana, its area comes to 14913.75 sq. yards which comes within the khasra numbers of joint khata. There are several cosharers in this khata. As such, it is difficult to ascertain by the revenue department as to which owner is in possession of which portion of these khasra numbers. As such, it is necessary to get certified from Kotak Mahindra Bank that which specific piece of property was mortgaged by them while advancing loan. Copy of the report received from the office of Sub Divisional Magistrate, Ludhiana (East) is Annexure R/2.
It is, therefore, prayed that the present petition may kindly be disposed off against the answering respondent and the rule may be discharged.”
17.09.2025, learned Senior Counsel appearing for the petitioner submits that
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he would restrict his prayer for issuance of an appropriate direction to the respondents authorities to provide the copies of the sale deeds expeditiously, whereby, M/s Oswal Spinning Mills & Weaving Mills Limited and M/s Oswal Vanaspati & General Industries, have sold the land to the third parties, so that they may avail their appropriate remedies.
7.1 It is made clear that the proceedings which may have been initiated in pursuance to the status report dated 14.05.2025, the same be taken to its logical end.
(HARSH BUNGER)
22.04.2026 JUDGE
ankit
Whether speaking/reasoned: Yes/No Whether reportable: Yes/No
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Kotak Mahindra Bank Ltd.
State of Punjab
Harsh Bungger
As recorded by the court registry
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