Gram Panchayat Bangawali v. Consolidation Officer Etc

IN THE HIGH COURT OF PUNJAB & HARYANA AT

CHANDIGARH Civil Writ Petition No.2263 of 2016 Date of Decision: February 04, 2016 Gram Panchayat, Bangawali ....Petitioner versus Consolidation Officer, Sangrur and others .....Respondents CORAM: HON'BLE MR.JUSTICE SURYA KANT.

HON'BLE MR.JUSTICE P.B.BAJANTHRI.

--- Present: Mr.Dinesh Kumar, Advocate, for the petitioner. -.-

1. Whether Reporters of Local papers may be allowed to see the judgment?

2. To be referred to the Reporters or not?

3. Whether the judgment should be reported in the Digest? --- Surya Kant, J. (Oral) The impugned order dated 17.06.2008 (P-1) passed by the Consolidation Officer, Sangrur, is alleged to be an outcome of collusion and connivance. It is alleged that the order was kept as a secret and first time it saw the light of the day in November 2014. It is further alleged that the previous Gram Panchayat did not hand-over the relevant records to the newly elected Gram Panchayat nor factum of passing of the impugned order was disclosed.

In our considered view, the above-stated allegations can be effectively gone into by the Prescribed Authority on being approached or suo-moto by invoking its powers under Section 42 of the East Punjab Holdings (Consolidation and Prevention of Fragmentation) Act, 1948. We thus dispose of this writ petition relegating the petitionerGram Panchayat to approach the Prescribed Authority in MOHINDER KUMAR 2016.02.09 14:20 I attest to the accuracy and authenticity of this document Chandigarh

CWP No.2263 of 2016 [2] accordance with law.

With a view to enable the Gram Panchayat to file an appropriate petition, it is directed that status-quo re: possession shall be maintained for a period of one month. Ordered accordingly.

Dasti.

[SURYA KANT] JUDGE February 04, 2016 [P.B.BAJANTHRI] mohinder JUDGE MOHINDER KUMAR 2016.02.09 14:20 I attest to the accuracy and authenticity of this document Chandigarh