GRAM PANCHAYAT, THURANA Vs. COMMISSIONER, HISAR DIVISION, HISAR

JUDGEMENT

(1.) Prayer in this petition is to issue a writ in the nature of certiorari for quashing the order dated 25.2.2009, passed by the Commissioner, Hisar Division, Hisar, insofar as it directs the panchayat to pass a resolution to sell the land in dispute to the private respondent, in accordance with the provisions of Rule 12(4) of the Punjab Village Common Lands Amended Rules, 2008, hereinafter referred to as 'the Rules'.

(2.) Counsel for the petitioner submits that the Assistant Collector, 1st Grade, Hansi, the Collector, Hisar and the Commissioner, Hisar Division, Hisar have ordered the ejectment of respondent No. 4 after holding that he is in unauthorised possession of panchayat property. The Commissioner, however, while dismissing the revision, filed by respondent No. 4, has directed the Gram Panchayat, to pass a resolution selling the land to respondent No. 4 in accordance with the provisions of Rule 12(4) of the Rules. It is argued that the Commissioner has no jurisdiction to issue such a direction. The Panchayat a duly elected body, is entitled to take its own decision, in accordance with the provisions of the Act and Rules.

(3.) Counsel for the State of Haryana, states that he has no instructions to either defend or oppose the case.