C.W.P. No.19966 of 2011 -1- IN THE HIGH COURT FOR THE STATES OF PUNJAB AND HARYANA AT CHANDIGARH C.W.P. No.19966 of 2011 Date of Decision.21.10.2011 Joginder Pal son of Sh. Mansa Ram s/o Sh. Moti, resident of VPO Shadipur, Tehsil Phillaur, District Jalandhar .....Petitioner Versus State of Punjab through Secretary Rural Development and Panchayat Department, Punjab, Civil Secretariat, Punjab and others .....Respondents Present: Mr. Sandeep K. Sharma, Advocate for the petitioner. CORAM:HON'BLE MR. JUSTICE K. KANNAN 1. Whether Reporters of local papers may be allowed to see the judgment ? No 2. To be referred to the Reporters or not ? No 3. Whether the judgment should be reported in the Digest? No -.- K. KANNAN J.(ORAL) 1. The prayer in the writ petition is for a mandamus directing the respondent Nos.3 to 6 to permit the petitioner to perform religious ceremonies/rituals/prayers in the land classified in the revenue records as property belonging to the Panchayat. The petitioner claims that his grandfather was a gair marusi and he had constructed a building and was using the place for spiritual pursuits like meditation and performing religious ceremonies at the property. The entries in the jamabandi for the year 1965-66, 1985-86 taken up at random, show the name of owner as Panchayat Deh and name of the cultivator as Moti, who the petitioner claims as his grandfather. The entries seems to continue in the name of deceased person also for the subsequent years 1995-96 and 2005-06. Admittedly, no mutation has been made and in a representation by the petitioner that the Panchayat ought not to take possession of the C.W.P. No.19966 of 2011 -2- property, the Block Development Officer has stated that the property is not being cultivated and the petitioner cannot claim any right over the property. If the right of the petitioner is asserted through his grandfather as inheritable, it involves an adjudication of civil rights of parties, which cannot be adjudicated in writ proceedings under Article 226 of the Constitution. The petitioner will have appropriate remedy in a properly instituted civil suit, if he can maintain such an action. 2. Subject to such liberty, the writ petition is disposed of. (K. KANNAN) JUDGE October 21, 2011 Pankaj*