KHUSHI PURI Vs. STATE OF HARYANA

JUDGEMENT

(1.) Fifteen residents of village Bodha who include three members of the Gram Panchayat, Tangoli, filed this writ petition under Articles 226 and 227 of the Constitution for the issue of a writ of mandamus directing the respondents not to dispossess them from some land situated at village Bodha which was alleged to have been reserved for grazing cattle. There is a joint panchayat for the two villages of Bodha and Tangoli. The land in dispute measures 45 acres 5 kanals 2 marlas and has been described as charand in the revenue record. Out of this land, 29 acres 6 kanals 5 marlas was required to be utilized for planting trees through the Forest Department. In this connection, a resolution was passed by the Gram Panchayat on 19th August, 1977, at the instance of an Administrator appointed by the State Government under section 99(2) of the Gram Panchayat Act. There are four respondents to the writ petition. Respondent No. 4 is the Block Development Officer, Thanesar, who is acting as the Administrator. Respondent Nos. 2 and 3 are respectively the District Forest Officer, Kurukshetra, and the Range Officer, Forest Department, Pehowa. The State of Haryana has been impleaded as respondent No. 1.

(2.) It is contended by the petitioner that at the time of the consolidation of holdings the land in dispute had been demarcated as gau charand. It is alleged that the Administrator was not duly appointed by the Government. Furthermore, he had no power to change the character of the land so as to deliver possession of the same to the Forest Department for the plantation of trees. This case was tried to be made out that the rights of the petitioners would be adversely affected as they would not have any place to graze their cattle.

(3.) The Secretary to the Government, Haryana, Development and Panchayat Department, had sent this communication to the Executive Officer, Panchayat Samiti, Thanesar, on 21st November, 1971, that the shamilat land which vested in the Gram Panchayat Tangoli, was not being managed in a proper manner and hence it has been decided to appoint an Administrator for the management and utilisation of shamilat land on behalf of the gram panchayat. It was said to be proper that the Block Development and Panchayat Officer should be appointed as the Administrator. In case the said officer was appointed there was no further need to obtain the approval of the Government as the same should be deemed to have been conveyed. Thereafter, the Panchayat Samiti, Thanesar, passed a resolution on 1st December, 1971, appointing respondent No. 4 as the Administrator. The Administrator then passed an order dated 19th July, 1977, in which it was recited that a big parcel of land at villag Bodha within the jurisdiction of the Gram Panchayat, Tangoli, was lying charand banjar qadim. Some trees were required to be planted so that there should be income to the gram panchayat. It was pointed out that it was not possible for the gram panchayat to look after the trees and hence the Forest Department should be asked to do this work on behalf of the panchayat. The Administrator also decided that the possession of the land should be handed over to the Forest Department for a period of five years from 1977 to 1982. The whole of the income which was ultimately derived from the plantation of trees was to go to the panchayat. There is also a mention of this fact in the order of the Administrator that the panchayat at that time did not have any money to spend upon the planation of trees.