P&H: Dismisses LPA in Pond Land Dispute, Says Second Round of Writ Litigation Not Maintainable

punjab-haryana
⚖️ Order Date: 18 Sep 2026
Headnotes

(i) Punjab Municipal Act, 1911, S.172A(1) — Letters Patent of Punjab and Haryana High Court — Letters Patent Appeal — Appellants sought to reopen very controversy which had already been considered in earlier writ proceedings and carried before Supreme Court — Since, present proceedings constituted second round...

(ii) Punjab Municipal Act, 1911, S.172A(1) — Letters Patent of Punjab and Haryana High Court — Letters Patent Appeal — Dispute concerning title, possession, demarcation and identification of land was a matter requiring adjudication on evidence before appropriate forum — High Court declined to examine those...

(iii) Punjab Municipal Act, 1911, S.172A(1) — Letters Patent of Punjab and Haryana High Court — Letters Patent Appeal —  Abuse of process of court — After failing to avail remedy made available within extended period, appellants instituted subsequent writ petition challenging same notices and demolition...

(vi) Letters Patent Appeal — Party cannot be permitted to repeatedly invoke jurisdiction of Court in successive proceedings arising out of same cause of action is founded upon larger public policy that litigation must attain finality — Petitioner cannot circumvent effect of orders passed in...


Facts of the Case

P&H: Dismisses LPA in Pond Land Dispute, Says Second Round of Writ Litigation Not Maintainable

The Punjab and Haryana High Court has dismissed a Letters Patent Appeal filed by Harbans Singh and others in a dispute over alleged encroachment on land claimed to be part of a pond in village Khamano Kalan, Fatehgarh Sahib. The appellants had challenged show-cause notices and demolition proceedings issued under the Punjab Municipal Act, 1911.

The appellants claimed that they were owners in possession of residential houses and allied structures within the abadi deh and that the land did not form part of any pond. They argued that Section 172-A(1) of the Act only prescribes punishment upon conviction and does...

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