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High Court of Punjab and HaryanaCWP/7634/2015disposed of

Kashi Ram And ANR v. State Of Haryana & ORS

2015-09-15Ms. Justice Navita Singh,Mr. Justice Rajan Gupta2 pages

IN THE HIGH COURT OF PUNJAB & HARYANA, CHANDIGARH

Sr. No.: 214 Civil Writ Petition No.7634 of 2014 Date of Decision: September 15, 2015 Kashi Ram & another ..... PETITIONER(S)

VERSUS

State of Haryana & others ..... RESPONDENT(S) . . .

CORAM:

HON'BLE MR. JUSTICE SURYA KANT HON'BLE MR. JUSTICE JASPAL SINGH . . .

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? . . .

PRESENT: - Mr. Jagdeep Singh, Advocate, for Mr. R.S. Mamli, Advocate, for the petitioner.

. . .

Surya Kant, J (Oral) 1.

The short grievance of the petitioner in this case is that respondent No.6 - Gram Panchayat is allegedly changing the user of the land reserved as 'Gau Charand', so as to utilize it for construction of houses. It is further alleged that there are 3000 - 4000 domestic animals in the village and if no 'Gau Charand' is left for them, it will cause extreme hardship to the animals as well as the village community.

AVIN KUMAR 2015.09.17 11:28 I attest to the accuracy and authenticity of this document High Court of Punjab & Haryana at Chandigarh

CWP No.7634 of 2015 [2] 2.

Since petitioners rely upon the decision dated 7.7.2011 (P-3) rendered by this Court in CWP No.13652 of 2009 laying down that unless the utilization plan is modified with the approval of Competent Authority, the Gram Panchayat cannot change the user of land reserved for common purposes, the case was adjourned on 7.5.2015 to enable the petitioners to apprise whether the Gram Panchayat resolution changing the user of 'Gau Charand' land has been approved by the Deputy Commissioner or not.

3.

The said information is still awaited.

4.

In these circumstances, instead of adjourning the case, we dispose of the same with a direction to the Deputy Commissioner, Yamuna Nagar to treat this petition as a representation -cum- complaint on behalf of the petitioners and ensure that the Gram Panchayat land is utilized strictly in accordance with law laid down by this Court and cited by the petitioners.

(Surya Kant) Judge (Jaspal Singh) September 15, 2015 Judge avin AVIN KUMAR 2015.09.17 11:28 I attest to the accuracy and authenticity of this document High Court of Punjab & Haryana at Chandigarh