As per case facts, Petitioners alleged illegal dispossession from a marriage palace by private Respondents with police help, despite having rent deeds and commercial dealings since 2016. The private Respondents ...
CWP-18877-2025 -1-
102
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
CWP-18877-2025
Date of decision: 10.09.2025
JASDEV SINGH KOCHHAR AND ANOTHER
...Petitioner(s)
VERSUS
STATE OF PUNJAB AND OTHERS
...Respondent(s)
CORAM: HON'BLE MR. JUSTICE JASGURPREET SINGH PURI
Present:- Mr. Amar Vivek Aggarwal, Advocate
for the petitioners.
Mr. Amit Kumar Goyal, Addl. A.G, Punjab.
Mr. C. S. Bakhshi, Advocate
for respondents No.5 to 7.
****
JASGURPREET SINGH PURI, J. (Oral)
1. The present petition has been filed under Articles 226/227 of the
Constitution of India seeking issuance of a writ in the nature of mandamus
directing a judicial inquiry into the issue of illegal dispossession of petitioners
from their business operations and smooth functioning of petitioners and
running operations at the entire leased premises, namely, Sunshine Garden
village Chatt, Zirakpur, Patiala Road SAS Nagar, Mohali, Punjab and striking
down the action of official respondents in effecting illegal dispossession of
petitioners therefrom through police help in collusion with the private
respondents and also to direct immediate restoration of possession and putting
the petitioners in the physical possession of the premises as before, which was
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taken away forcibly with the help of police. Another prayer made by the
petitioners is with regard to issuance of a writ in the nature of mandamus,
seeking appropriate directions to hold the official respondents and other police
officials guilty and responsible for violating the rights of the petitioners and to
declare the action of the official respondents and other higher officials as illegal
and arbitrary as they have acted beyond their statutory powers and have
divested the petitioners from lawful possession of the aforesaid premises, with a
further prayer to direct the official respondents to pay exemplary compensation
and damages to the petitioners to the tune of Rs.5 crores.
2. In brief, the petitioners have made the following prayers in the
present petition:-
(i) A direction to conduct a judicial inquiry into the issue of
illegal dispossession of petitioners from the premises.
(ii) Restoration of possession of the premises of the petitioners.
(iii) Initiation of appropriate action against the official
respondents and other police officials.
(iv) Grant of exemplary compensation to the petitioners.
3. Mr. Amar Vivek Aggarwal, learned counsel for the petitioners
submitted that it is a case where respondents No.5 to 7 are the owners of a
commercial premises situated at Zirakpur and they had entered into a
commercial deal with the petitioners for the purpose of running a marriage
palace. He further submitted that the entire commercial communications started
from the year 2016, regarding which various documents have been attached
along with the present petition from Annexure P-1 to Annexure P-6, which
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contains various e-mails, communications, statement of accounts etc. to show
that commercial dealings took place between the petitioners and respondents
No.5 to 7 for the purpose of setting up a marriage palace. He further submitted
that thereafter vide Annexure P-10, a rent deed was executed on 03.02.2021 for
handing over the office space and subsequently, another rent deed was executed
vide Annexure P-12 on 01.06.2022 pertaining to the entire premises of the
marriage palace so that the marriage palace can be run by the petitioners. He
further submitted that various documents have been attached with the present
petition to show that bookings were also made by the petitioners with regard to
the commencement of the business activity.
4. Learned counsel for the petitioners further submitted that
respondents No.5 to 7 for the reasons best known to them started interfering in
the affairs of the petitioners and raised various disputes, although the petitioners
had already started taking bookings and undertaking commercial activities and
in this regard, rather police was also called on 12.05.2025, regarding which
photographs of the Police Control Room vehicle are also attached along with
the present petition. He submitted that several complaints were made to the
police authorities at the highest level, which have been attached along with the
present petition as Annexure P-27 but no action was taken by the police. He
further submitted that respondents No.5 to 7 in connivance with local police
officials took the possession of the aforesaid premises illegally and in this way,
huge loss has been caused to the petitioners. He further submitted that not only
this, some expensive material which was leased out to the petitioners and was
kept in the premises of the aforesaid marriage palace was taken away by
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respondents No.5 to 7 with the help of police and the same is evident from the
photographs attached along with the present petition showing that the vehicle
was loaded and the police was also present.
5. Learned counsel for the petitioners further submitted that due to
wrongful action on the part of respondents No.5 to 7, the petitioners filed a
Civil Suit No.406 of 2025 for permanent injunction restraining the defendants,
who are respondents No.5 to 7 in the present petition, from interfering in
the peaceful possession and running of the business of the plaintiffs/petitioners
in the aforesaid premises and also for permanent injunction restraining
the defendants/respondents No.5 to 7 from unlawfully evicting the
plaintiffs/petitioners from the aforesaid property located at Zirakpur, with a
further prayer for permanent injunction restraining the defendants/respondents
No.5 to 7 from selling, alienating, letting out, mortgaging, disposing of the
aforesaid property. Alongwith the plaint, the petitioners filed an application
under Order XXXIX Rules 1 and 2 read with Section 151 of CPC seeking
ad-interim injunction. However, on 23.04.2025, the learned Civil Judge (Junior
Division), Dera Bassi did not grant any ad-interim injunction but issued notice
of the suit as well as stay application to the defendants/respondents No.5 to 7.
He further submitted that the aforesaid order dated 23.04.2025 was assailed by
the petitioners by filing an appeal before the learned Additional District Judge,
SAS Nagar, Mohali, who vide order dated 29.04.2025 (at page No.289 of the
paper-book) directed maintenance of status quo regarding possession of the
disputed property. He further submitted that thereafter, the aforesaid appeal was
finally decided by the learned Additional District Judge, SAS Nagar, Mohali on
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07.05.2025 (at page No.299 of the paper-book) and the same was dismissed and
in this way, the status quo order was also not operative since the appeal itself
was dismissed. He submitted that the petitioners did not assail the aforesaid
order and therefore, the same attained finality and subsequently, the aforesaid
suit was withdrawn by the petitioners.
6. Mr. Aggarwal further submitted that thereafter, another Civil
Suit was filed by the petitioners under Section 6 of the Specific Relief Act, 1963
(at page No.247 of the paper-book), seeking issuance of a direction to the
defendants/respondents No.5 to 7 to immediately hand over the peaceful and
vacant possession of the whole of the suit property in which the
defendants/respondents No.5 to 7 have intruded on 27.04.2025 and the
possession of which has illegally and forcibly been taken away from the
plaintiffs/petitioners, with a further prayer seeking a decree for mandatory
injunction directing the defendants/respondents No.5 to 7 to restore the
status quo ante as existed before unlawful dispossession and also for
seeking a decree for mandatory injunction directing the defendants/respondents
No.5 to 7 to return all the movable and immovable assets, articles and
business inventory of the plaintiffs/petitioners which was unlawfully taken
away from the suit premises. A further prayer was made seeking a decree
for declaration to the effect that the plaintiffs/petitioners are in settled and
continuous possession of the suit property. An application under Order XXXIX
Rules 1 and 2 read with Section 151 of CPC was also filed along with
the aforesaid plaint but no interim order has been passed in the
aforesaid application till date and the aforesaid Civil Suit is still pending
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before the learned Civil Judge (Junior Division), Dera Bassi, SAS Nagar,
Mohali.
7. Learned counsel for the petitioners submitted that the commercial
dealings between the petitioners and respondents No.5 to 7, who are the owners
of the aforesaid property, started in the year 2016 and the petitioners invested a
huge amount of money in the marriage palace and the business was scheduled
to start in the year 2024 but a dispute arose between the parties and respondents
No.5 to 7 with the help of police forcibly took possession of the aforesaid
premises and took away the valuables and therefore, considering the conduct of
respondents No.5 to 7 and the police officials, who connived with them, the
present petition has been filed seeking a direction for taking action against the
police officials and also for seeking restoration of the possession of the
premises apart from seeking exemplary compensation.
8. Learned counsel for the petitioners on the issue of maintainability
of the present petition referred to a judgment passed by Delhi High Court in
Anju Devi versus Commissioner of Police and others, 1994 SCC Online Del
334 and submitted that although it was a case of a family dispute and allegedly
the daughter-in-law was displaced but the Delhi High Court exercised its
jurisdiction under Article 226 of the Constitution of India and restored
possession of the house in exceptional circumstances. He further referred to a
judgment passed by Hon’ble Supreme Court in Hari Krishna Mandir Trust
versus State of Maharashtra, 2020 (9) SCC 356 and submitted that the High
Court in exercise of its powers under Article 226 of the Constitution of India
has a power to issue a writ in the nature of mandamus and is also duty bound to
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exercise such power where the Government or public authority has failed to
exercise or has wrongly exercised discretion conferred upon it by a Statute, or a
rule, or a policy decision of the Government or has exercised such discretion in
a mala fide manner, or on irrelevant consideration and in appropriate cases, in
order to prevent injustice, such directions can always be issued. He submitted
that although the aforesaid case was pertaining to a dispute between the
Municipal Corporation and a Trust with regard to some land but the proposition
of law laid down by Hon’ble Supreme Court in the aforesaid judgment would
apply equally in the present case as well and therefore, the present petition is
maintainable before this Court.
9. On the other hand, Mr. Amit Kumar Goyal, Addl. A.G, Punjab
submitted that he has received an advance copy of the present petition and has
also sought instructions in the present case to state that in the present case, there
is nothing on the record to show that respondents No.5 to 7 have forcefully
taken possession of the property in question with the help of police. He further
submitted that the photographs which have been attached along with the present
petition showing the presence of some police officials along with Police Control
Room vehicle cannot be of any help to the petitioners because nothing can be
inferred from the aforesaid photographs unless there is any other substantial
evidence to prove unlawful intervention by the police. He also submitted that
the matter is subjudice before the learned Civil Judge (Junior Division), Dera
Bassi, SAS Nagar, Mohali on the basis of a Civil Suit and an injunction
application was filed by the petitioners on the same subject matter and same
cause of action and therefore, the present petition itself is not maintainable.
CWP-18877-2025 -8-
10. Mr. C. S. Bakhshi, learned counsel for respondents No.5 to 7
submitted that he has also received an advance copy of the present petition and
has also sought instructions. He submitted that it is a case where the present
petition which has been filed under Articles 226/227 of the Constitution of India
is not maintainable. While elaborating his submissions, he submitted that
although there were commercial transactions which took place between the
petitioners and respondents No.5 to 7, who are the owners of the premises and
are senior citizens, for the purpose of entering into a commercial business of
marriage palace but the petitioners have misrepresented before this Court by
stating that the premises were leased out to them on rent for the purpose of
commencement of business of marriage palace, whereas the factual position
was that the petitioners are caterers and their role was only to a limited extent of
catering and for that, commercial transactions took place between the parties.
He further submitted that when a dispute arose between the parties, respondents
No.5 to 7 tried to usurp the property by trying to unlawfully take the possession
of the same and by projecting that it was for the management of the entire
premises for running the marriage palace.
11. In this regard, learned counsel for respondents No.5 to 7 referred to
the two rent deeds which have been attached by the petitioners along with the
present petition as Annexure P-10 and Annexure P-12 and submitted that both
the aforesaid rent deeds are forged and fabricated documents and were never
executed by respondents No.5 to 7. To further substantiate his arguments, he
submitted that the aforesaid rent deeds are shown to be notarized but so far as
the rent deed pertaining to the entire premises (Annexure P-12) is concerned, an
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inquiry was conducted by the Superintendent of Police (Rural), Mohali as to
whether the same was actually notarized by a Notary or not and it has come on
the record of the inquiry that the Notary made a statement that he never
notarized the aforesaid rent deed. Learned counsel for respondents No.5 to 7 to
further substantiate his arguments submitted that when the first Civil Suit i.e.
Civil Suit No.406 of 2025 was filed by the petitioners regarding which the
interim relief was declined by the learned Civil Judge (Junior Division), Dera
Bassi vide order dated 23.04.2025 and an appeal filed against the aforesaid
order dated 23.04.2025 was also dismissed, as so submitted by the learned
counsel for the petitioners, the petitioners did not attach the plaint of that suit.
He has referred to the plaint which was filed by the petitioners, wherein in para
No.11 of the plaint, the petitioners have so categorically averred that they have
insisted on executing a formal written lease deed/agreement, however the
defendants/respondents No.5 to 7 relying upon the long-standing association
with the plaintiffs/petitioners since 2007 verbally assured the
plaintiffs/petitioners that the plaintiffs’ lease as well as the possession over the
leased premises would stay uninterrupted and continuous. A copy of plaint of
the aforesaid Civil Suit No.406 of 2025 as so supplied by the learned counsel
for respondents No.5 to 7 is taken on record as Mark-‘X’. Para No.11 of
the plaint as referred to by the learned counsel for respondents No.5 to 7 is
reproduced as under:-
“11. That the plaintiffs insisted on executing a formal
written lease deed/agreement, however the defendants,
relying upon the long-standing association with the
plaintiffs/petitioners since 2007, verbally assured the
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plaintiffs that the plaintiffs’ lease as well as the possession
over the leased premises would stay uninterrupted and
continuous.”
12. Mr. Bakhshi further submitted that the aforesaid Civil Suit was
filed by the petitioners on 21.04.2025 and the rent deeds which has been
attached by the petitioners as Annexure P-10 and Annexure P-12 are of much
prior date i.e. of the years 2021 and 2022. He further submitted that in case such
rent deeds were in existence then there was no occasion for the petitioners to
have so averred in the plaint that the plaintiffs had insisted on executing a
formal written lease deed/agreement but the defendants were relying upon the
long-standing association and therefore, it is a case where no such rent deeds
were executed and the documents which have been attached by the petitioners
as Annexure P-10 and Annexure P-12 were false and fabricated documents.
13. Learned counsel for respondents No.5 to 7 also referred to the
order dated 07.05.2025 passed by the learned Additional District Judge, SAS
Nagar, Mohali, whereby the appeal filed by the petitioners was dismissed by
recording a finding of fact that it is evident that there is no evidence on record
that the possession of the entire premises was given to the plaintiffs/petitioners
by the defendants/respondents No.5 to 7. The relevant portion of the aforesaid
findings of fact by the learned Additional District Judge, SAS Nagar, Mohali (at
page No.308 of the paper-book) is reproduced as under:-
“In view of the detailed discussions above, it is
evident that there is no evidence on record that the
possession of the entire premises was given to
appellants/plaintiffs by the respondents/defendants. Even the
documents placed on record today are of no help to the
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appellants because there is no document on record which
shows that they were given possession of the entire premises
as tenants or lessee's. The relief of injunction is a
discretionary and equitable relief and party who seeks equity
must come with clean hands.
Accordingly, appeal stands dismissed with costs being
bereft of any merit and the status quo order dated
29.04.2025 stands vacated.”
14. Learned counsel for respondents No.5 to 7 further submitted that in
this way, there is a judicial observation by the learned Additional District Judge,
SAS Nagar, Mohali that there was no evidence that the possession of the entire
premises was given to the petitioners and that was the reason as to why interim
relief was declined to the petitioners. He further submitted that the present
petition is not maintainable in view of the fact that the matter is subjudice
before learned Civil Judge (Junior Division), Dera Bassi, SAS Nagar, Mohali
and in this regard, he referred to the judgments passed by Hon’ble Supreme
Court in Roshina T versus Abdul Azeez K.T. and others, 2019 (2) SCC 329
and
Mohan Pandey versus Usha Rani Rajgaria, 1992 (4) SCC 61.
15. I have heard the learned counsels for the parties.
16. Learned counsel for the petitioners and learned counsel for
respondents No.5 to 7 have given the description of the facts of the case from
where it can be noted that there appears to be some dispute between the
petitioners and respondents No.5 to 7. Some commercial transactions took place
between the parties, which are not in dispute. It was the case of the learned
counsel for the petitioners that the petitioners were to start a marriage palace
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business on the premises which belong to respondents No.5 to 7 and they also
started with the process of taking bookings for the marriage palace after
investing a huge amount but respondents No.5 to 7 have taken the possession of
the premises from the petitioners illegally. However, it is the case of the learned
counsel for respondents No.5 to 7 that respondents No.5 to 7 have never taken
the possession of the premises illegally because the premises already stood in
their own possession right from the beginning and the possession was never
handed over to the petitioners and in this regard, even a judicial finding has
come in the order dated 07.05.2025 passed by the learned Additional District
Judge, SAS Nagar, Mohali. Reference was made by the learned counsel for the
petitioners pertaining to two rent deeds i.e. Annexure P-10 and Annexure P-12,
which were purportedly executed in the years 2021 and 2022, whereas
reference was made by the learned counsel for respondents No.5 to 7 to the
averments made by the petitioners themselves in the first Civil Suit which they
filed on 21.04.2025, as reproduced above, that no such rent deed was executed
and rather it was the case of the learned counsel for respondents No.5 to 7 that
the aforesaid rent deeds so attached along with the present petition as Annexure
P-10 and Annexure P-12 were forged and fabricated documents. In order to
substantiate his plea, he also submitted that an inquiry was conducted by the
police in this regard, wherein the Notary concerned stated that he had never
notarized one of the aforesaid documents.
17. There are two aspects which are to be seen in the present case.
Firstly, whether the subject matter involves intricate and disputed questions of
fact or not and if yes, then as to whether this Court should interfere in the
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exercise of its powers under Article 226 of the Constitution of India or not.
Secondly, what is the effect of the two Civil Suits filed by the petitioners, out of
which, one Civil Suit was dismissed as withdrawn by them on 03.07.2025 after
injunction was declined by the learned Appellate Court and the second Civil
Suit is still pending. This can be ascertained from the prayers which have been
made in the present petition and the aforesaid two Civil Suits filed by the
petitioners to compare the causes of action in the cases filed at different forums.
18. The prayers made by the petitioners in the present writ petition are
reproduced as under:-
“Petition under Articles 226/227 of the Constitution of
India, invoking the inherent powers and extra-ordinary
jurisdiction of this Hon'ble Court for issuance of suitable
Writ, Order or immediate and urgent Directions in the
nature of Mandamus etc. directing and ordering a thorough
Judicial Inquiry in the plenary exercise of powers vested in
this Hon'ble Court under Article 226 of Constitution of
India, due to illegal dispossession of Petitioners from their
business operations and smooth functioning of Petitioners
and running operations at the entire leased premises
"Sunshine Garden" village Chatt, Zirakpur, Patiala road
SAS (Mohali), Punjab, and striking down the action of
official Respondents in effecting illegal dispossession of
Petitioners therefrom through police help with open
collusion with the private Respondents, as such directing the
immediate restoration of possession and putting the
Petitioners in the physical possession of the premises as
before, which was taken away forcibly through police help;
And further calling upon this Hon'ble Court for
issuing appropriate directions in the nature of Mandamus
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etc. holding official Respondents and other police officials
guilty and responsible upon ordering due departmental and
criminal proceedings against them for Respondent no. 4's
illegal, biased and ill-conduct in divesting the Petitioners of
their Legal and Fundamental Rights and legal possession of
the premises in question in express connivance with the
private Respondents and for issuing such other or further
appropriate directions through a Judicial Inquiry under the
supervision of this Hon’ble Court. AND
Further issuing a suitable Writ, Order or Direction in
the nature of Mandamus etc. declaring the action of official
Respondents especially Respondent No.4 and other higher
police officials as illegal and arbitrary as they have acted
beyond their statutory powers vested in law and have
illegally and arbitrarily divested the Petitioners from the
lawful possession of premises in gross violation,
infringement and contrary to the fundamental and legal
rights of the Petitioners to carry on business including under
Art. 19(1)(g) of the Constitution of India, and as such
granting extraordinary relief of restoration of Possession of
the premises during the pendency of the present Writ
Petition, in exercise of plenary writ jurisdiction of this
Hon'ble court, as the same falls within the public law
domain remedy under the scope of Writ Jurisdiction of this
Hon'ble court, due to gross, brazen and illegal infringement
of the fundamental rights of the Petitioners through sheer
abuse and misuse of powers by the police machinery and
acting in a highhanded manner in express connivance with
private Respondent Nos. 5, to 7. AND
Still further issuing appropriate Directions in the
nature of Mandamus etc. holding liable and thus directing
the official Respondents to pay exemplary compensation and
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damages to the Petitioners to the tune of Rs. 5 Crores to the
Petitioners due to the aforesaid illegal action of the official
Respondents in divesting Petitioners of the their lawful and
settle possession of the premises and illegally interfering in
the Fundamental and Legal Rights of the Petitioners and
thus harassing and agonizing and victimizing the Petitioners
thereby. AND
Still further issuing appropriate Writ, Order or
Direction in the nature of Mandamus etc. saddling and
imposing upon the official Respondents exemplary costs for
their illegal and highhanded behaviour and conduct in
dispossessing the Petitioners illegally and through
gross misuse and abuse of the official position of a Police
officer. AND
As well as for grant of any other or further relief to
the Petitioners as deemed fit and proper in the facts and
circumstances of the case and keeping in view the peculiar
situation arising from therefrom may kindly be passed.”
19. The prayers made in the first Civil Suit filed by the petitioners for
permanent injunction (Mark-‘X’) are reproduced as under:-
“Suit for permanent injunction restraining the
Defendants and/or their agents, representatives, any
subsequent buyer of the leased property or any part thereof,
or any third party from interfering in the peaceful possession
and running of the business of the Plaintiffs in Sunshine
Gardens, located at Zirakpur-Patiala Road, NH-64, Village
Chhatt, District SAS Nagar (Mohali), Punjab;
AND
Suit for permanent injunction restraining the
Defendants and/or any subsequent buyer of the leased
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property or any part thereof from unlawfully evicting the
Plaintiffs from Sunshine Gardens, located at Zirakpur-
Patiala Road, NH-64, Village Chhatt, District SAS Nagar
(Mohali), Punjab, except with due course of law;
AND
Suit for permanent injunction restraining the
Defendants from selling, alienating, letting out, mortgaging,
disposing of Sunshine Gardens, located at Zirakpur-Patiala
Road, NH-64, Village Chhatt, District SAS Nagar (Mohali),
Punjab to any third person;
AND
For grant/ issuance of any other appropriate relief or
direction which this Hon'ble Court may deem fit and proper
in the facts and circumstances of the present case.”
20. The prayers made in the second Civil Suit filed by the petitioners
under Section 6 of the Specific Relief Act, 1963, are reproduced as under:-
“Pass a Decree under Section 6 of the Specific Relief
Act, 1963, by way of instant Summary Suit, directing the
Defendants to immediately hand over the peaceful and
vacant possession of the whole of the suit property, namely
the "Marriage Palace known as 'Sunshine Gardens', situated
at Zirakpur-Patiala Road, Village Chhatt, District SAS
Nagar (Mohali), Punjab, including the Office Space", in
which the defendants have intruded on 27-04-2025, and the
possession of which has illegally and forcibly been taken
over from the Plaintiffs on 12-05-2025 and 17-05-2025,
respectively, albeit without Plaintiffs' consent and without
following due process of law, despite- the Plaintiffs being in
long-standing settled. possession and business operations
CWP-18877-2025 -17-
since 2016 as authorized users/lessees under the peculiar
lease arrangement inter-se the parties;
AND
Pass a Decree for Mandatory Injunction directing the
Defendants to restore the status quo ante as existed before
the unlawful dispossession dated 27-04-2025, 12.05.2025
and the subsequent illegal acts on 17.05.2025, including but
not limited to the restoration of electricity and water supply
to the said premises;
AND
Further passing a Decree for Mandatory Injunction
directing the Defendants to return all movable and
immovable assets, articles, and business inventory of the
Plaintiffs unlawfully taken from the suit premises, as
detailed in the Inventory List (Annexure P-34) and as per
details furnished in the plaint and evidence and material
adduced by the Plaintiffs. and/or alternatively restraining
the defendants from interfering in the Plaintiffs using/taking
over possession of the remaining articles, furniture's and
fixtures, fittings, amenities etc. lying within the premises,
which have been arranged, raised and provided by the
Plaintiffs with their efforts and expense;
AND
Further passing a decree for Declaration to the effect
that the Plaintiffs are in settled and continuous possession of
the suit property, i.e., the premises known as 'Sunshine
Gardens' situated at Zirakpur-Patiala Road, Village Chatt,
District SAS Nagar (Mohali), since July 2016, as lawful
lessees/occupants under the knowledge, consent and
approval of the Defendants, and that such possession was
supported by regular payments, investments, and
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operational control exercised by the Plaintiffs over the said
premises.
AND
Further passing a Decree for Damages and
Compensation; directing the defendants to compensate the
Plaintiffs suitably upon evidence being led as upon the
assessment of the proper loss of business, loss of
opportunity, loss of their valuables, articles, business
operations etc. the Plaintiffs have suffered huge losses and
as such this Hon'ble Court be pleased to assess the same
and award suitable damages and compensation as is duly
worked out upon receiving proper evidence of the parties
before this Hon'ble Court;
AND
Further passing a Decree for Permanent Injunction
restraining the Defendants and/ or any subsequent buyer of
the leased property or any part thereof from forcibly /
unlawfully evicting the Plaintiffs from suit property i.e.
Marriage Palace Sunshine Gardens, located at Zirakpur
Patiala Road, NH-64, Village Chhatt, District SAS Nagar
(Mohali), Punjab, except with due course of law;
AND
Further passing a decree for Permanent Injunction
restraining the Defendants from selling, alienating, letting
out, mortgaging, disposing of the suit property - Marriage
Palace Sunshine Gardens, located at Zirakpur-Patiala Road,
NH-64, Village Chhatt, District SAS Nagar (Mohali), Punjab
to any third person, in view of overriding legal rights as
lessee vested in the Plaintiffs owing to the extensive
investment made by the Plaintiffs in the renovation,
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refurbishing and reconstruction of Sunshine Gardens with
Plaintiffs' exclusive resources;
AND
For grant/ issuance of any other appropriate relief or
direction which this Hon'ble Court may deem fit and proper
in the facts and circumstances of the present case and
passing any other or further order(s) which this Hon'ble
Court may deem just, fit, and proper in the facts and
circumstances of the case and in the interest of justice;”
21. Both the aforesaid issues involved in the present petition as
aforesaid can be considered together. A perusal and comparison of the prayers
made in the present petition as well as in the two Civil Suits would make it
clear that the cause of action and the relief claimed are similar in nature. In the
present petition, basically three prayers are made besides seeking exemplary
compensation. The first prayer is to hold a judicial inquiry into the issue of
illegal dispossession, second prayer is for taking action against the police
officials and the third prayer is for restoration of possession. In the second Civil
Suit filed by the petitioners under Section 6 of the Specific Relief Act, 1963, it
is clear that same reliefs of restoration and compensation besides other prayers
are being sought in the aforesaid Civil Suit as well. So far as the additional
prayer which has been made in the present writ petition seeking a judicial
inquiry or appropriate action against the police officials for conniving with
respondents No.5 to 7 is concerned, the same would only be permissible as a
part of the prayer in case the writ petition itself is maintainable.
22. The petitioners first of all filed Civil Suit for permanent injunction,
in which they also filed an application for grant of interim stay, which was
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declined by the learned Civil Judge (Junior Division), Dera Bassi and thereafter,
on an appeal being filed, although initially status quo was granted but thereafter,
on merits, the appeal was dismissed by observing that the petitioners were not
able to show the possession. Thereafter, the first Civil Suit was withdrawn by
the petitioners on 03.07.2025 and subsequently, the petitioners filed a second
Civil Suit under Section 6 of the Specific Relief Act, 1963, of which the plaint
is also attached along with the present petition (at page No.250), in which they
had sought restoration of the possession.
23. So far as the judgments which have been cited by the learned
counsel for the petitioners are concerned, the law with regard to maintainability
of a writ petition and the exercise of powers under Article 226 of the
Constitution of India is well settled. A High Court under Article 226 of the
Constitution of India can always interfere in exceptional circumstances in order
to prevent miscarriage of justice and to serve the interest of justice. In the
judgment of Delhi High Court as referred to by the learned counsel for the
petitioners in Anju Devi’s case (Supra), the matter was pertaining to some
family dispute between the parties, wherein the daughter-in-law was stated to be
ousted from the house and in that context, the Delhi High Court interfered and
exercised its jurisdiction under Article 226 of the Constitution of India. A
perusal of para No.13 of the aforesaid judgment would show that the Civil Suit
was filed during the pendency of the writ petition, whereas in the present case,
two Civil Suits were filed by the petitioners prior to the filing of the present writ
petition and therefore, the aforesaid judgment of Delhi High Court is clearly
distinguishable from the present case. In the second judgment referred to by the
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learned counsel for the petitioners in Hari Krishna Mandir Trust’s case
(Supra), Hon’ble Supreme Court held that in appropriate cases, orders can be
passed under Article 226 of the Constitution of India, in exercise of the
discretion of the Court, to prevent injustice. The aforesaid case pertained to a
land dispute between a Trust and Municipal Corporation. However, in the
present case, there is a commercial dispute between two private persons and
therefore, the aforesaid judgment is also distinguishable from the facts and
circumstances of the present case.
24. On the other hand, learned counsel for respondents No.5 to 7 also
referred to the judgments passed by Hon’ble Supreme Court in Roshina T’s
case (Supra) and Mohan Pandey’s case (Supra), wherein it was held that when
a Civil Suit involving the same cause of action is pending, then the High Court
should not exercise its writ jurisdiction under Article 226 of the Constitution of
India.
25. In view of the aforesaid totality of facts and circumstances, this
Court is of the considered view that there are disputed questions of fact
involved in the present petition. So far as the prayer seeking appropriate action
against the police officials is concerned, the petitioners can always seek an
appropriate remedy by filing a petition under Section 528 of BNSS, 2023
(erstwhile Section 482 Cr.P.C.) but strictly in accordance with law, if so
advised. However, the basic prayer of the petitioners seeking restoration of
possession cannot be considered by this Court in exercise of its powers under
Article 226 of the Constitution of India. It is a case where one Civil Suit was
filed by the petitioners and after the interim relief was declined by the learned
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Appellate Court by making an observation that there was no evidence to show
that the petitioners were in possession of the property, the said Civil Suit was
withdrawn by the petitioners and thereafter, a second Civil Suit was filed by the
petitioners under Section 6 of the Specific Relief Act, 1963, seeking restoration
of possession, which is still pending and when an identical issue is subjudice
before a Civil Court, a writ petition seeking same relief is not maintainable in
the eyes of law.
26. In view of the aforesaid facts and circumstances, the present writ
petition is hereby dismissed.
(JASGURPREET SINGH PURI)
10.09.2025 JUDGE
Chetan Thakur
Whether speaking/reasoned : Yes/No
Whether reportable : Yes/No
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