JUDGMENT 1. - This case reveals a pathetic stage in which for petty interests of the persons manning the local authority, the forum of Gram Panchayat is being used for destroying the faith of the people in welfare governance by a welfare sovereign state by designing devices even to denude the members of security force of the gallantry awards offered in recognition of their exemplary brave conduct during war to secure the national boundaries by using their life. The Respondent Captain Moji Ram was allotted land as a reward for his gallantry shown in 1971 conflict between India and Pakistan under the orders of the Government. Thereafter in 1975 by some device, the very same land was sought to be placed at the disposal of Gram Panchayat by the Collector to be put to auction, to deny the respondent Captain Moji Ram the fruits of the land in question and that litigation is continuing till today. 2. When the matter was brought to the notice of the Collector, about the auction of the land made by the Gram Panchayat, which had been allotted to Captain Moji Ram, he cancelled the said order by giving cogent reasons for cancelling the auction and restored the land in favour of captain Moji Ram, on 23rd June, 1982 by holding that the conversion of the land in favour of the petitioner Gram Panchayat was wrong and he confirmed the allotment In favour of Captain Moji Ram to whom the land has been allotted for his gallantry during the Indo-Pak war in 1971. 3. The said order was immediately challenged by Gram Panchayat. The Writ Petition was dismissed by the learned single Judge finding that the cogent and clear reasons have been given by the Collector in holding that the allotment of land in the first Instance in favour of Gram Panchayat itself was bad because the land had already been allotted in favour of Captain Moji Ram before said date and therefore, subsequent transfers of the land could not have been countenanced. 4. We need not repeat all the grounds and the facts noticed by the learned Single Judge and by the Collector.
4. We need not repeat all the grounds and the facts noticed by the learned Single Judge and by the Collector. Suffice it to state that not satisfied by the orders of the learned Single Judge the litigation is again sought to be continued by filing an appeal by the Gram Panchayat which on the face of it could have no personal interest; after more than one and a half years of the expiry of limitation of filing special appeal. 5. It has also been stated in the affidavit that information from the counsel is not on record. We fail to see that a statutory body like Gram Panchayat would not be careful about its litigation in due course and the plea appears to have been raised in order only to get over the fault of gross delay In filing the appeal. The facts in the application do not admit of much credence about the non-receipt of the letter by Gram Panchayat within a period of almost one and a half years. We cannot also believe that during this period Gram Panchayat would not have tried to know about the pending case, which it has filed in 1982. When the applicant-appellant accept the fact that the counsel had despatched the information about result in time and it being a statutory body with well known address, there is little on record to rebut the presentation about due delivery of letter. Not finding on record of Gram Panchayat any paper by the Administrator cannot be read equivalent to non receipt of letter duly despatched by counsel. 6. We are satisfied that no cause, much less any sufficient cause has been shown to hold that the appellants were prevented by any sufficient reason from filling the appeal within limitation. 7. Moreover, having perused the writ petition and other available material on record, we are of the view that the order passed by the foamed Single Judge confirming the order passed by the Collector on merit, it is apparent that after the land in question was allotted in favour of Captain Moji Ram under the directions of the Government as a gallantry Award in 1973 it could not have been allotted to Gram Panchayat depriving him by his right. 8. The application is therefore, rejected. The appeal, therefore, also stands rejected.
8. The application is therefore, rejected. The appeal, therefore, also stands rejected. The interim order shall stand vacated which has been passed during the pendency of this appeal. The appellant Gram Panchayat shall pay cost of this appeal which is quantified Rs. 5000/-.Appeal Dismissed with costs of Rs. 5000/- interim order vacated. *******