Petitioner sought removal of a Sarpanch allegedly occupying Gram Panchayat land illegally and action on his complaint. The State informed that an inquiry by DDPO found the allegations unsubstantiated. Court disposed of the petition, leaving petitioner free to pursue remedies in law.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
136
2024:PHHC:038143
THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
CWP No.6360 of 2024 Date of Decision: 18.03.2024
Raja Ram
..... Petitioner
Versus
State of Haryana and others
..... Respondents
CORAM : HON'BLE MR. JUSTICE RAJESH BHARDWAJ
Present: Mr. Sandeep Siwach, Advocate for the petitioner. *******
RAJESH BHARDWAJ, J. (ORAL)
Present writ petition has been filed for directing the respondents to remove respondent No.5 from the post of Sarpanch as respondent No.5 who is Sarpanch from Gram Panchayat village Bir Dhandari is in illegal occupation of the Gram Panchayat Land and his duty is to protect the Panchayat land not to grab it and further directing respondents No.2 and 3 to take appropriate action on the application dated 21.12.2022 (Annexure P-5).
Learned counsel for the petitioner has submitted that respondent No.5, who is the elected Sarpanch, is in illegal possession of the Panchayat land and thus, he is disqualified to be a Sarpanch of the village. He submits that the petitioner has filed various representations but no action has been taken on the same till date by the competent authorities.
RITTU 2024.03.19 10:56 I attest to the accuracy and integrity of this document
CWP No.6360 of 2024
2024:PHHC:038143
-2-
Notice of motion to the official respondents at this stage.
On asking of the Court, Ms. Upasna Dhawan, AAG, Haryana appears and accepts notice on behalf of the respondents-State. She however has submitted before this Court that the Deputy Commissioner, Karnal had already taken the cognizance on the complaint filed by the petitioner and the inquiry was marked to the District Development & Pancyhayat Officer, Nissing, Karnal for inquiring the allegations made by the petitioner in the complaint filed. He has submitted that in the inquiry conducted by the DDPO dated 21.11.2023, the allegations made by the petitioners were not substantiated and thus, finding the allegations to be false, a complaint is filed. A copy of the report has also been supplied by learned State counsel today in the Court and the same is taken on record.
In view of the submissions made by learned State counsel and the inquiry report submitted before this Court, it is apparent that the inquiry has already been initiated in the complaint filed by the petitioner and the allegations made were found to be false.
Thus in view of the same, the present petition is disposed of. However the petitioner would be at liberty to pursue his remedies as available to him in accordance with law if so arise.
| (RAJESH BHARDWAJ) JUDGE |
||
|---|---|---|
| 18.03.2024 | ||
| rittu | ||
| Whether speaking/reasoned | : Yes/No |
|
| Whether reportable | : Yes/No |
RITTU 2024.03.19 10:56 I attest to the accuracy and integrity of this document
1 issue framed by the court
Whether the Sarpanch in illegal occupation of Gram Panchayat land should be removed and action taken on the petitioner's complaint.
Raja Ram
State of Haryana
Sarpanch, Gram Panchayat village Bir Dhandari (respondent No.5)
Rajesh Bhardwaj
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
