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Judgment
VIKAS BAHL, J.(Oral)
This is a Civil Writ Petition filed under Article 226 of the Constitution of India, in which the following prayers have been made:-
(i)Issue a writ in the nature of Mandamus directing the respondents to strictly implement the speaking order dated 18.08.2025 passed by respondent No.2-Deputy Commissioner, Jind, (Annexure P-12) pursuant to the order dated 01.07.2025 (Annexure P-11) passed by this Hon'ble Court, and to preserve and protect the village pond namely "Raiawala Talab" situated in Village Intal Kalan, Tehsil and District Jind.
(ii)Issue a writ in the nature of Mandamus restraining the respondents from dumping sand, earth or any other material, changing the nature and character of the village pond, ("Raiawala") which is fully detailed and describe in site plan (Annexure P-1) bounded as under North: Road leads to Village Sangatpura, South: Gali 33' wide, East: 33' wide, West: Road adjoining to Stadium and Agriculture further raising any construction, carving out residential plots, or creating any third-party rights over the pond land.
(iii)Issue a writ in the nature of Mandamus directing the respondents to remove the illegally dumped sand/earth and restore the pond to its original condition in accordance with law.
(iv)For issuance of a writ in the nature of mandamus or any other appropriate writ, order or direction to restrain the respondents from altering the nature, encroaching, or draining the water from the village Pond known as 'Raiawala Talab' situated in village Intal Kalan, district Jind.
(v)It is further prayed that pending disposal of the present writ petition, the respondents may kindly be directed to maintain status quo with regard to the nature and character of the village pond and be restrained from dumping sand, raising construction, changing the nature of the pond or creating any third-party rights over the land in question.”
On 22.07.2026, this Court was pleased to pass the following order:
“Present: Mr. Sube S. Kaushik, Advocate, for the petitioners. Mr. Pradeep Prakash Chahar, Additional Advocate General, Haryana. ****
Learned counsel for the petitioners has submitted that in the present case, vide order dated 18.08.2025, the Block Development and Panchayat Officer, Jind as well as the Sarpanch of the Gram Panchayat, Jind were directed to file a petition under Section 42 of The East Punjab Holdings (Consolidation and Prevention of Fragmentation) Act, 1948 within a period of 15 days but the same has not been filed till today.
Learned State counsel prays for an adjournment to assist the Court on this point.
Adjourned to 18.08.2026. 22.07.2026”
Learned counsel for respondent No.4-Gram Panchayat has stated that the petition under Section 42 of the East Punjab Holdings (Consolidation and Prevention of Fragmentation) Act, 1948 has already been prepared and the same would be filed within a period of two weeks from today.
Learned counsel for the petitioners has submitted that in view of the same, the present petition be disposed of in view of the statement made by respondent No.4 before this Court and in case respondent No.4 back-tracks from the statement, then the liberty be granted to the petitioners to revive the present petition.
Keeping in view the above said facts and circumstances, the present petition is disposed of and in case, respondent No.4 back-tracks from the statement, the petitioners would be at liberty to revive the present petition.