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2023 DIGILAW 2155 (PNJ)

Karambir v. State of Haryana

2023-07-13

KULDEEP TIWARI, SURESHWAR THAKUR

body2023
SURESHWAR THAKUR, J. Factual Background 1. The Sarpanch of Gram Panchayat, Kalampur, Tehsil Karnal, District Karnal, issued, upon the petitioners herein the notices dated 7.7.2023 (Annexure P-2 to Annexure P-4) drawn under Section 24(1) of the Haryana Panchayati Raj Act, 1994 (in short 'the 1994 Act”). The contents of the said notices are extracted hereinbelow:- “You are informed under this notice that you have illegally occupied the agricultural shamlat land of the village in khasra No. 9/24-12/4 khewat No. 128 by planting paddy, which is legally wrong. Whereas in the year 1995, residential plots of 100-100 square yards were cut for the poor people of the village by the Gram Panchayat, whose registries have also been done in the year 1995. But due to illegal occupation of the land of these plots by you, the possession of the plot holders has not been given. Therefore, you are informed by sending this notice that within three days from date 7.7.2023 to 9.7.2023, remove your illegally possession and inform Sarpanch Gram Panchayat, Kalampura and if you want to present your case, then on dated 9.7.2023 in the morning from 11 A.M. to 4. P.M, in the village panchayat Bhawan should appear with the evidence and explain your position, otherwise it will be understood that you do not want to say anything.” 2. Reply to the above notices were given, which are respectively enclosed as Annexure P-5 to Annexure P-7 3. The Gram Panchayat concerned, further issued notices dated 11.7.2023 (Annexure P-8 to Annexure P-10) under Section 24(2) of the Act, upon the petitioners to remove the possession uptil 13.7.2023. Submissions of the learned counsel for the petitioners. 4. The learned counsel for the petitioners submits, that the petitioners cannot be evicted by issuance of notices under Section 24 of 'the 1994 Act', especially when the remedy available to the aggrieved concerned, is to through a petition cast under Section 7 or a petition under Section 13-A of the Haryana Village Common Lands (Regulation) Act, 1961 (for short 'the 1961 Act') before the learned Collector concerned, thus seek eviction of the encroachers concerned, from the disputed land. However, instead of recoursing the remedy (supra), as available to the Gram Panchayat concerned, yet notices under Section 24(2) of 'the 1994 Act' have been untenably issued against the petitioners, rather for evicting them from the disputed land(s). However, instead of recoursing the remedy (supra), as available to the Gram Panchayat concerned, yet notices under Section 24(2) of 'the 1994 Act' have been untenably issued against the petitioners, rather for evicting them from the disputed land(s). Thus, they are led to institute thereagainst the instant writ petition, hence for seeking the quashing(s)/settings aside, of the afore letters (supra), as well as the notice(s) (supra). Inference of this Court. 5. Since this Court while deciding CWP-19864-2020 (Annexure P-11), had summarized the hereinafter principles, which but cover the common thereto(s) questions of law, as are also involved in the present writ petition. (i) The exercising of jurisdiction by the Gram Panchayat concerned, through recoursing the relevant mandate(s) of Section 24 of the 1994 Act, may be a validly adopted recourse, but only when prior to the makings of the apposite notice, a valid demarcation of the sites concerned, is conducted, and, such notice is validly served upon the respondents concerned. (ii) The consequent thereto drawing(s) of actions against the encroachers concerned, who raise constructions, upon the vacant places within the abadi deh, may also be a validly drawing action(s), but only when even prior thereto a valid demarcation of the sites concerned, is conducted by competent Revenue Officer: (iii) The proceedings drawn under Section 24 of the 1994 Act, are summary in nature, thus recourse thereto may be avoided by the Gram Panchayat concerned, especially when evidence in respect of the lands concerned, falling within or outside the ambit of the apposite inclusionary clause, is required to be adduced, and, when such evidence may surface, not in summary proceedings, but may surface in fully contested proceedings, launched under Section 7 or 11 of the Haryana Village Common Land (Regulation) Act, 1961. Conclusion 6. Thus, in view of the above summarized principles, it can be safely concluded, that when the proceedings drawn under Section 24 of 'the 1994 Act', are but summary in nature, and, when but evidence, in respect of encroachments being made upon the petition lands, may not surface in the said summary proceedings, but may surface only in fully contested proceedings, launched under Section 7 or 11 of the 1961 Act. Therefore, the issuance of notice(s) (supra) are construable to be made with the completest lack of application of mind and rather are rendered in a cryptic, slipshod and in an ill informed manner. Therefore, the issuance of notice(s) (supra) are construable to be made with the completest lack of application of mind and rather are rendered in a cryptic, slipshod and in an ill informed manner. Final order of this Court. 7. For the reasons (Supra), the impugned notice(s) (supra), are quashed and set aside. However, the Gram Panchayat concerned, may hence through a petition cast upon under Section 7 or 11 of the Act, before the Collector concerned, hence seek the eviction of the encroachers concerned, from the lands concerned, rather than through the drawings of notices(supra). On such a petition being filed before the Collector concerned, the latter shall but in accordance with law, and, after an opportunity of hearing being given to all the concerned, hence make a decision thereons rather positively within six months of its preferment. Till the said petition becomes instituted, thereupto the parties are directed to maintain status-quo, as of today, in respect of the disputed land. In case, the above petition becomes instituted before the Collector concerned, thereupon the respondents thereins, may institute an application therein claiming an apposite interim relief, and, thereons a lawful order shall be promptly passed by the Collector concerned, but after granting an opportunity of hearing to all the concerned. However, it is clarified that the quashing of the notice(s) (supra) shall not be construed as an influencing consideration, by the Assistant Collector First Grade concerned. 8. With the afore observations, the petition stands disposed of. Order accordingly.