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2023 DIGILAW 3316 (PNJ)

Satyaveer Singh v. State of Haryana

2023-12-05

SUDEEPTI SHARMA, SURESHWAR THAKUR

body2023
Judgment Mr. Sureshwar Thakur, J. CM-20447-CWP-2023 1. This is an application for placing on record the written statement on behalf of respondent No.6. 2. For the reasons mentioned in the application, the same is allowed and the written statement filed on behalf of respondent No.6 is taken on record as Annexure R-6/1 to R-6/7. CWP-24505-2023 1. In the instant writ petition a challenge is made to the issuance of the impugned notices, upon, the present petitioners, who are alleged to make unlawful occupations, on the land owned and possessed by the Gram Panchayat concerned. 2. The issuance of the impugned notices, has led to the makings of warrants of possession against the present petitioners, for therebys ensuring that the present petitioners become evicted from the lands owned and possessed by the Gram Panchayat concerned. 3. All the supra led the present petitioners to institute the instant writ petition before this Court. Without going into the merits of the case especially, when the impugned notices, as, issued under Section 24 (1) of the Haryana Panchayati Raj Act, 1994 (hereinafter referred to as the ‘Act of 1994’) rather become drawn in purely summary proceedings, and also may become drawn and appear to be so drawn, without the valid demarcation report, thus becoming proven in accordance with law, before the Sarparch of the Gram Panchayat concerned. In consequence the issuance of the impugned notices, prima facie, appears to be result of gross non-application of mind, to the necessity of the said notices, becoming preceded by a validly proven demarcation report, inasmuch as, its author proving it through his appearing before the Sarpanch concerned, and, besides thereafter, an opportunity to the aggrieved therefrom, becoming granted, thus to make a protest to the said drawn demarcation report, through theirs cross-examining the author of the demarcation report. 4. Since, the learned counsel appearing for apposite parties, do not contest the factum, that the above procedure, has been breached, thereupon too, the issuance of the impugned notices, under the Act of 1994, thus, appears to be done in a mechanical besides in an arbitrary manner. In consequence, the challenge made to the impugned notices issued under the Act of 1994, and also consequential thereto issuance of warrants of possessions for, thus, thereby ensuring the eviction of the present petitioners, from the encroached lands are, thus, set aside. 5. In consequence, the challenge made to the impugned notices issued under the Act of 1994, and also consequential thereto issuance of warrants of possessions for, thus, thereby ensuring the eviction of the present petitioners, from the encroached lands are, thus, set aside. 5. Since, the learned State counsel and the counsel appearing for the Gram Panchayat concerned submit, before this Court, that as of now a petition under Section 7 of the Haryana Municipal Common Lands (Regulation) Act, 1974 has been instituted before the Assistant Collector concerned, therefore, the rights, titles and interests, if any, respectively in the disputed land respectively of the Gram Panchayat concerned, and, of the present petitioners, are as such to become decide in the said petition. In consequence the Assistant Collector concerned is directed to most expeditiously, thus preferably within a period of three months, draw lawful orders thereons, but after hearing all the affected persons concerned. 6. The present writ petition is accordingly disposed of. Pending applications, if any, also stand disposed off.