Punjab-Haryana High Court
Uday Singh vs State Of Haryana And Others on 22 August, 2012
Bench: Jasbir Singh, Rakesh Kumar Jain
In the High Court of Punjab and Haryana, at Chandigarh
Civil Writ Petition No. 18374 of 2011 (O&M)
Date of Decision: 22.8.2012
Uday Singh
... Petitioner
Versus
State of Haryana and Others
... Respondents
CORAM: Hon'ble Mr. Justice Jasbir Singh, Acting Chief Justice.
Hon'ble Mr. Justice Rakesh Kumar Jain. Present: Mr. S.S. Momi, Advocate for the petitioner.
Mr. B.S. Rana, Additional Advocate General, Haryana, for respondents No.1 to 5.
Mr. Ashwani Kumar Bura, Advocate for respondent No.6.
Mr. Kuldip Singh, Advocate for Mr. Arvind Singh, Advocate for respondent No.7.
Mr. Jitender Kumar Goel, Advocate for respondents No. 8 to 10.
Jasbir Singh, Acting Chief Justice (Oral) Civil Misc. Nos. 10141-42 of 2012 Counsel for the applicant/petitioner wishes to withdraw both the applications.
Ordered accordingly.
Civil Writ Petition No. 18374 of 2011 This writ petition has been filed with a prayer that directions be issued to the official respondents to protect the interest and property of Civil Writ Petition No. 18374 of 2011 (O&M) 2 Gram Panchayat Village Nauch, District Kaithal. It has specifically been stated that Gram Panchayat owns about 715 acres of land and in about 12 acres of land, plantation was made by the Forest Department in the year 2000-01. In the year 2007, those trees were cut down by the then Sarpanch without getting passed any resolution by the Gram Panchayat and the money was also not deposited in its account.
Pursuant to the issuance of the notice, reply has been filed on behalf of respondents No.1 to 3 by way of affidavit of A Mona Sreenivas, Deputy Commissioner, Kaithal, wherein it is stated that after coming to know regarding the allegations levelled against respondents No.7 to 10, a preliminary inquiry was conducted by the District Development and Panchayat Officer, Kaithal and the report was submitted by the concerned officer on 9.3.2012. It is stated by the Deputy Commissioner, Kaithal that on consideration of the conclusions arrived at in the preliminary inquiry, the following directions were issued:-
"i) that the issue qua plantation of alleged 17500 plants on shamlat land of village Nauch in the year 1999-
2000 and 2000-01 and its illegal axing in the year 2007 could not be clearly proved in the preliminary enquiry by one officer, therefore, a detailed enquiry has been entrusted to the board of officers headed by Additional Deputy Commissioner, Kaithal with its members District Forest Officer, Kaithal and Executive Engineer (Panchayati Raj), Kaithal so that responsibility of the guilty persons be fixed and the Civil Writ Petition No. 18374 of 2011 (O&M) 3 loss be made good as per law.
ii) that Block Development & Panchayat Officer who is competent to assess the loss caused to Gram Panchayat has been directed to initiate proceedings for recovery of loss of shortage of wheat released to Gram Panchayat Nauch under various schemes of government from Ex-Sarpanch. Block Development and Panchayat Officer, Kaithal has further been directed to lodge an F.I.R. against the Ex-Sarpanch for causing above embazzlement of Panchayat Fund-Grant in aid.
iii) that the present sarpanch has been directed to file ejectment application against Sh. Inder Singh husband of Murti Devi Ex-Sarpanch for his unauthorized possession on shamlat land comprised in khasra number 271 "gair mumkin johar" and also directed to take possession of shamlat land urgently in which ejectment orders against respondents have attained finality."
It is further stated by the State counsel that pursuant to the directions issued by the Deputy Commissioner, Kaithal, a Board of Officers headed by the Additional Deputy Commissioner, Kaithal, is holding a regular inquiry in the matter. If that is so, no further order is required to be passed in this writ petition. However, liberty is granted to the petitioner to participate in the inquiry proceedings and present his Civil Writ Petition No. 18374 of 2011 (O&M) 4 view point, may be by leading evidence in that regard, before the Board. Action in terms of the directions issued by the Deputy Commissioner, Kaithal, be taken up within four months from the date of receipt of a copy of this order.
This writ petition stands disposed of with the above directions.
(Jasbir Singh) Acting Chief Justice (Rakesh Kumar Jain) Judge August 22, 2012 "DK"