Sarvar Khan vs State Of Punjab And Ors

CRWP-8689-2025 1

IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH

223 CRWP-8689-2025

Sarvar Khan and another
....Petitioner
V/s
State of Punjab and others
....Respondents
Date of decision: 30.10.2026
Date of Uploading : 30.10.2026

CORAM: HON’BLE MR. JUSTICE SUMEET GOEL
Present: Mr. TPS Bawa, Legal Aid Counsel
alongwith the petitioners in person.
Mr. Anup Singh, AAG Punjab.
*
SUMEET GOEL , J. (Oral)
1. The petition in hand has been preferred under Article 226 read
with Articles 21 and 14 of the Constitution of India with the following
substantive prayer:
“I. It is most respectfully prayed that this Hon'ble Court may kindly
be pleased to direct the concerned respondents to provide immediate and
effective police protection to Petitioner No. 1, Petitioner No. 2. and minor
son, safeguard their fundamental rights to life, liberty, and property.
II. It is further prayed that this Hon'ble Court may be pleased to
direct the concerned authorities to promptly register an FIR against the
individuals involved in any unlawful acts such attempts to kill, physical
assault, criminal intimidation, trespass, or any attempt to dispossess the
petitioners from their lawful possession.
III. That this Hon'ble Court may kindly be pleased to direct the
Respondents –– Deputy Commissioner Sangrur, Senior Superintendent of
Police Sangrur, Director General of Police Punjab and State of Punjab -
each of the separate respondents be ordered to pay exemplary
₹
compensation of 1,00,00,000/- (Rupees One Crore) or such other
amount as this Hon'ble Court may deem fit and proper, in favour of
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petitioner No.2 Nuzhat Naz, light of their gross negligence, willful

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inaction, and failure to discharge their constitutional and statutory duties
despite repeated complaints, written representations, and multiple visits
made by the Petitioners between 2021 and 2025. The Petitioners were
compelled to leave their work repeatedly and personally visit the offices
of the Respondents multiple times seeking redressal, incurring significant
financial losses and emotional trauma. The prolonged harassment,
threats, fear of dispossession, and attacks on the life and dignity of
Petitioner No. 2 have adversely impacted the Petitioners' physical and
mental well-being. Their family has fallen into distress, with serious
difficulties in managing basic health, food, and daily living. Such
compensation is sought not only for redressal of the grave injury suffered
by the Petitioners, but also as a deterrent against arbitrary and apathetic
conduct by public officials entrusted with safeguarding the fundamental
rights of citizens. It is also prayed that separate and appropriate legal
action be initiated against each of the said Respondents for their
dereliction of duty and gross negligence.
2. The factual matrix of the case in hand, as pleaded in the present
petition, is that petitioner No. 1, along with his wife and minor child, had
been in possession of the suit property in question and running the Oswal
Punjab Dhaba as also residing at the adjoining premises, for a long period.
As per the petitioners, disputes arose between them and Khem Chand and
other persons with regard to the ownership, possession and use of the dhaba
and the adjoining land. The petitioners had claimed that their possession and
rights over the property were supported by the relevant revenue records and
orders passed by the competent civil court. It is further the case of the
petitioners that Civil Court had passed an order dated 01.11.2019, granting
them relief by way of a permanent injunction. They have also relied upon a
subsequent decree dated 28.07.2023 in support of their claim. The
petitioners have alleged that, despite the aforesaid proceedings, Khem
Chand and his associates have continued to interfere with their rightful
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possession and have repeatedly threatened them with serious consequences.

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The petitioners have claimed that the matter is not merely a dispute over the
some land but has evolved into repeated incidents that are deleterious to
their safety, dignity and livelihood. In this regard, the petitioners have
referred to several alleged incidents that occurred between October 2021 to
February 2025. As per the petitioners, on different occasions, the persons
associated with the rival side had entered the dhaba or their residential
premises; threatened them, caused damage to their property and subjected
them to physical violence. The petitioners also alleged that cash and other
articles had been taken away during some of these incidents. It has been
further claimed that petitioner No. 2 had been subjected to physical
assault/other acts which affected her dignity and personal security. The
petitioners had approached the local police authorities on several occasions
but of no avail. Furthermore, on 17.02.2025, Khem Chand and his
associates had entered their premises on more than one occasion and
committed acts of assault, intimidation and damage to property. According
to the petitioners, they had reported the matter to the police authorities.
However, the police authorities had failed to take appropriate action against
the persons named in their complaints, which necessitated them to approach
this Court.
3. Learned counsel for the petitioners has iterated that despite the
occurrence of a grave and violent incident, which allegedly placed the life
and liberty of the petitioners under serious and continuing threat, the Police
authorities have failed to register an FIR against the private respondents.
Learned counsel has further iterated that the petitioners are law-abiding
citizens and presently residing in the State of Punjab along with their family
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and were subjected to a brutal assault at the hands of the accused persons as
detailed in para No.24 of the petition in hand. It has been further submitted
that despite multiple complaints made by the petitioners, the continued
inaction of the police authorities, amount to violation of their fundamental
rights under Articles 14 and 21 of the Constitution of India. Furthermore,
the failure of the police authorities to take effective and impartial action
against the accused, reflects arbitrariness and violation of Article 14 of the
Constitution. Learned counsel has further argued, that considering the
physical assaults, death threats and constant fear allegedly posed by the
accused, the petitioners are entitled to protection of their life and liberty.
Learned counsel has emphasized that despite multiple representations
submitted to the competent authorities seeking protection of life and liberty
as well as appropriate legal action against the accused persons, no effective
steps have been taken yet. On the strength of the aforesaid submissions,
learned counsel has prayed that an appropriate direction(s) be issued to the
official respondents to ensure protection of the life and personal liberty of
the petitioners, besides seeking immediate intervention by this Court to
secure their right to life and personal liberty under Article 21 of the
Constitution of India.
4. During the course of the hearing, learned counsel for the State,
on instructions, has apprised the Court that the grievance raised by the
petitioners arises substantially out of a long-standing dispute with regard to
the ownership, possession and use of an immovable property. It has been
further contended that the rival parties have been raising claims in respect of
the dhaba and the adjoining land and several proceedings have already taken
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place before the civil court, the police authorities and other competent
forums. According to learned State counsel, the allegations with regard to
criminal conduct relating to title, possession, sale deeds and revenue
mutations cannot be adjudicated in the instant petition seeking police
protection. Learned State counsel has emphasized that the allegations raised
by the petitioners against the private respondents are disputed questions of
fact which require examination by the competent authorities in accordance
with law. Furthermore, mere filing of complaints or the placing of
documents on record does not, by itself, establish the commission of the
offences alleged against the private respondents. In this regard, learned
counsel has referred to the order dated 29.05.2026 passed by this Court
whereby Deputy Inspector General, Patiala Range was directed to assess
afresh the security threat of the petitioners and file an affidavit in this
regard. Pursuant thereto, short reply by way of affidavit of Kuldeep Singh
Chahal, IPS, Deputy Inspector General of Police, Patiala Range, Patiala had
been filed, relevant whereof reads thus:
“That in compliance of the aforesaid directions given by the deponent, the
Senior Superintendent of Police, Sangrur has submitted his report vide his
office letter No. 7447/S dated 25-06-2026 stating therein that a report had
been called for from Superintendent of Police (PBI) Sangrur. It was
reported that the petitioners, Sarvar Khan son of Atphul and Nuzhat Naz
wife of Sarvar Khan, residents of Oswal Punjab Dhaba, Bhasour Tehsil,
Dhuri, District Sangrur, had submitted many complaints against Khem
Chand, Tejpal, Kala son of Naseeb Chand residents of near Gaushala
Dhuri, District Sangrur, the complaints bearing application numbers
442370/P.G.D., 446334/ P.G.D.,348213/ P.G.D, 343862/ P.G.D.,
412813/ P.G.D., 416539/ P.G.D., 443559/ P.G.D., 449298/ P.G.D.,
451474/ P.G.D 455148/ P.G.D, 461438/ P.G.D, 444669/ P.G.D, 447976/
P.G.D, 514997 In total 14 applications were filed, regarding which
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inquiries were carried out by various officers and after the inquiry, no
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truth was found in the complaints and they were found to be false and
consigned to the record.
Besides this, inquiry regarding complaints bearing numbers
550408, 556755, 566892, 571016/PGD were conducted by
Superintendent of Police (PBI), Sangrur. The allegations contained
therein were also found to be unsubstantiated and a detailed report
recommending action against the present petitioner under Section 217
BNS (182 IPC) for repeatedly submitting false applications. Upon receipt
of the complete report bearing No. 65,100,104,112,137/C/SP (PBI) dated
11.04.2025, and after obtaining the legal opinion from Dy. DA Legal
Sangrur, the SHO of Police Station Sadar Dhuri was directed to initiate
appropriate action. Consequently proceeding under section 217 BNS
were initiated against petitioner Sarvar Khan and his wife Nuzhat Naz
and a "Kalendra" was presented before the Learned Court of Mr.
Karanvir Singh JMIC through Report No. 18 dated 14.05.2025, which is
pending for adjudication. Next date of hearing in this case is fixed for
28.07.2026.
6.. That as per the threat perception report submitted by the
Superintendent of Police (PBI), Sangrur, petitioner Sarvar Khan did not
appear before the inquiry officer despite the repeated efforts to contact
him. He neither produced any witness nor any documentary evidence in
support of his allegations and also declined to make any statement in the
inquiry. In this regard, DDR No. 23 dated 19-06-2026 was recorded at PS
Sadar Dhuri. Copy enclosed as Annexure R2.
7. That the inquiry further revealed that the petitioner Sarvar Khan is
residing in a building operating in the name and style of Punjab Oswal
Dhaba situated on the Sangrur-Ludhiana Road. There is a KRBL Limited,
Bhasaur factory is situated opposite to the said Dhabha, and the area
remains busy with vehicular movement round the clock. There are also
several other Dhabas situated adjacent to the premises where truck
drivers and members of general public frequently stop for refreshment.
No material has come on record indicating any threat to the life, liberty
and property of petitioner Sarvar Khan or his family members from any
specific individual, including Khem Chand or any other person.
The inquiry has further revealed that a dispute regarding the
ownership and possession of the aforesaid Dhaba is pending between the
parties and the litigation in this regard is already subjudice before the
competent court. The petitioner party wants to pressurize Khem Chand
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on record to substantiate any threat perception to the petitioners. If there
had been any such incident in the past, then the petitioner party, who is
filing complaints against various persons for long time, would have
definitely lodged a complaint at the police station, or on the helpline
numbers or with the Senior officers, but as per official record from
01.01.2026 to 19.06.2026 (till the report is filed by SP, PBI, SGR), the
petitioner party Sarvar Khan or Nuzhat Naz has not lodged any complaint
regarding threat to life and property and any kind of interference by the
opposing party etc. However, the security of the petitioner is being
adequately ensured through the regular patrolling parties of Police
Station Sadar Dhuri and the Superintendent of Police (PBI) Sangrur, and
through attention paying patrols/surveillance of the Police personnel on
duty on the Helpline Response Vehicles. Therefore, no special security
guard (PSO) is required to be provided as no credible threat has been
established. Copy of report submitted by Senior Superintendent of Police
Sangrur bearing number 7447/S dated 25-06-2026 is attached Police,
personally as Annexure R3.
8. That further it has come on record that while considering the
threat analysis and risk assessment Performa, Superintendent of Police
(PBI), Sangrur has recommended that as a measure of precaution, the
petitioners have been instructed to install CCTV cameras around the
premises of the Dhaba, the security around the residence of the
petitioners has been enhanced and the local PCR has been directed to
conduct regular patrolling in this regard.
9. That as per threat analysis and risk assessment proforma prepared, the
petitioners have also been supplied important numbers of Deputy
Superintendent of Police, Sub-Division Dhuri, district Sangrur, Station
House Officer, Police Station Sadar Dhuri, district Sangrur and PCR and
Control Room, district Sangrur so that in case of emergency, they can
contact the police and the needful will be done at the earliest, in
accordance with law.
10. That in compliance of the orders of this Hon'ble Court by
analyzing the afresh threat perception based on the latest facts and
information available on record, it has been found that no genuine threat
exist to the petitioners and that the threat perception has been assessed as
negative. Therefore, no exclusive security personnel are required to be
deployed with the petitioners at this stage. The copy of the relevant threat
analysis and risk assessment proforma is attached as Annexure R4.”
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Raising submissions in tandem with the aforesaid reply,
learned State counsel has contended that the petitioners may pursue their
grievances before the appropriate authority/competent Court and the
extraordinary jurisdiction of this Court ought not to be invoked for
adjudicating disputed questions of ownership.
5. I have heard learned counsel for the rival parties and have
perused the material available on record.
6. The prime prayer made in the petition is whether, in the factual
milieu of the case in hand, a direction for immediate and adequate police
protection is warranted in the exercise of the extraordinary jurisdiction of
this Court under Article 226 of the Constitution of India. In the case in hand,
the petitioners have relied upon complaints, representations, revenue records
and medical documents for issuance of directions for initiation of
appropriate action against the private respondents. However, as per the
affidavit dated 08.07.2026 filed in compliance of the orders passed by this
Court, it transpires that no genuine threat exist to the petitioners and that the
threat perception has been assessed as negative. In the considered opinion
of this Court, a direction for police protection must be based on an
assessment of the material circumstances. Such a direction cannot be issued
merely to resolve a continuing dispute over immovable property.
7. Furthermore, no such accentuating facts/circumstances have
been brought forward by the petitioners which may warrant interference by
this Court under Article 226 of the Constitution of India. It is, thus,
indubitable that the apprehension expressed on behalf of the petitioners is
nothing but a bald assertion. Furthermore, apart from the general allegations
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of threat, no material has been placed before this Court to demonstrate that
any immediate danger exists which would require issuance of directions by
this Court. At this stage, no exceptional circumstances have been made out
which would warrant interference by this Court in exercise of its writ
jurisdiction.
8. In view of the prevenient ratiocination, it is ordained thus:
(i) The instant criminal writ petition is bereft of any merit and is
hereby dismissed.
(ii) It is, however, clarified that the observations made herein are
confined to the disposal of the present writ petition and shall not be
construed as an expression of opinion on the merits of any pending or future
proceedings between the parties.
(iii) Pending application(s), if any, shall also stand disposed off.



(SUMEET GOEL)
JUDGE

October 30, 2026
Ajay

Whether speaking/reasoned: Yes/No
Whether reportable: Yes/No

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