GRAM PANCHAYAT UJHA Vs. STATE OF HARYANA

JUDGEMENT

(1.) This petition has been filed by the Gram Panchayat, Ujha for directing the Superintendent of Police, Panipat (respondent No.2) and Station House Officer, Police Station Chandni Bagh, District Panipat (respondent No.3) to register a FIR against Pawan Jangra (respondent No.4) and Rohtash Jangra alias Raju Jangra (respondent No.5) for commission of a cognizable offence of forcibly taking away sand without any permission or right from the land which was donated by the panchayat to the Housing Board for construction of houses. A further prayer has been made for directing the Superintendent of Police, Panipat (respondent No.2) to initiate departmental action against SHO, Police Station Chandni Bagh (respondent No.3) for letting Pawan Jangra and Rohtash Jangra alias Raju Jangra (respondents No.4 and 5) and others who have committed a serious crime of forcibly removing sand from the land of Housing Board, Haryana without any right or permission.

(2.) It is alleged that the Gram Panchayat donated 30 acres of land in the year 1995 to the Housing Board for constructing a colony but till date the Housing Board has done nothing. Respondents No.4 and 5, it is alleged, started removing sand from the above said land and sold the same. The petitioner had been approaching the Police, however, it has not taken any action.

(3.) On notice of motion, reply has been filed by the Superintendent of Police, Panipat on behalf of respondents No.1 to 3. It is stated that the petitioner has not moved an application before the SHO, Police Station Chandni Bagh (respondent No.3) on 21.2.2008 as alleged. It is further submitted that a false annexure has been prepared and attached by the petitioner to approach this Court. Besides, no reminder was submitted made by the petitioner on 25.4.2008 before the Superintendent of Police as alleged.