Jai Bhagwan And ORS v. State Of Haryana & ORS

IN THE HIGH COURT OF PUNJAB & HARYANA AT

CHANDIGARH Civil Writ Petition No.2725 of 2015 Date of Decision: February 18, 2015 Jai Bhagwan and others .....Petitioners versus State of Haryana and others .....Respondents CORAM: HON'BLE MR.JUSTICE SURYA KANT.

HON'BLE MR.JUSTICE RAJ MOHAN SINGH.

Present:Mr.Vikas Lochab, Advocate, for the petitioners. Mr.RKS Brar, Additional AG, Haryana.

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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) Notice of motion to respondent Nos.1 to 4 only at this stage.

On our asking, Mr.RKS Brar, learned Additional Advocate General, Haryana, accepts notice on their behalf. Let four copies of the writ petition be supplied to the learned State counsel during the course of day failing which this order shall be automatically recalled and the writ petition shall be deemed to have been dismissed for nonprosecution. Since the order proposed to be passed by us shall not prejudice the interest of private-respondents, it is not necessary to call upon them. Even no reply-affidavit is required from the official respondents at this stage.

CWP No.2725 of 2015 [2] The petitioners are residents of village Kailana, Tehsil Ganaur, District Sonepat. Their grievance is that shamlat deh which is recorded as Gau Charand and thus is reserved for a specific common purpose, has been auctioned by the Sarpanch on lease basis for agricultural purposes without there being any change in the utilization plan as per the Government Policy. It is further averred that some of the residents filed a civil suit and obtained ad-interim injunction order but over-looking the same, the subject auction was conducted. The petitioners have brought these facts to the knowledge of the higher authorities including the Principal Secretary to Government of Haryana, Department of Rural Development and Panchayat, Chandigarh, vide representation dated 08.01.

2015 (Annexure P-6) but finding no response thereto, the instant writ petition has been filed. Having heard learned counsel for the petitioners and the State counsel and keeping in view the import of the Government Policy dated 20.05.2013 (Annexure P-5) coupled with the petitioners' allegations that no utilization plan has been got approved by the Gram Panchayat to change the common purpose but at the same time without expressing any views on merits, we dispose of this writ petition with a direction to the Principal Secretary, Rural Development and Panchayat, Haryana, to call for the records and redress the petitioners' grievance in accordance with law/Government policy but after hearing the Gram Panchayat.

The Principal Secretary shall also be at liberty to delegate the above-stated exercise to the Deputy Commissioner, Sonepat who shall then follow the above-stated procedure.

CWP No.2725 of 2015 [3] Let the needful be done within a period of two months from the date of receiving a certified copy of this order.

Ordered accordingly.

Dasti.

[SURYA KANT] JUDGE February 18, 2015 [RAJ MOHAN SINGH] Mohinder JUDGE