HARINDER SINGH Vs. FINANCIAL COMMISSIONER

JUDGEMENT

(1.) This intra court appeal has been preferred by the appellant-petitioner challenging the order dtd. 5/7/2021 passed by the learned Single Judge of this Court wherein the writ petition preferred under Articles 226/227 of the Constitution of India filed by the appellant-petitioner challenging his suspension as Sarpanch and correctness of the demarcation report dtd. 1/3/2021, has been disposed of.

(2.) Briefly culled out the facts of the case are that the appellant was elected as Sarpanch of the Gram Panchayat of Village-Issewal in District Ludhiana. A complaint with regard to encroachment of Shamlat land of the aforesaid Gram Panchayat was filed against the appellant. On that basis, demarcation was carried out on 6/12/2019 (Annexure P-4) under the orders of the Naib Tehsildar of the concerned district wherein the appellant was found to be an encroacher of Shamlat land. Ultimately, the appellant was suspended from the post of Sarpanch vide order dtd. 10/2/2020 (Annexure P-ll) passed by the Director-respondent No. 2. The appellant filed appeal against his suspension which was also dismissed vide order dtd. 23/11/2020 (Annexure P-17) passed by respondent No. 1-Financial Commissioner. Consequently, the appellant approached the writ court by filing as many as five writ petitions including the writ petition, which order is impugned in the present LPA. It may be noticed that a fresh demarcation was ordered by the writ court vide its order dtd. 22/2/2021 (Annexure P-18) passed in one of the writ petitions i.e. CWP No. 1724 of 2021 filed by the appellant. In view of the directions of the writ court, a fresh demarcation was carried out and a demarcation report dtd. 1/3/2021 was made vide Annexure P-21.

(3.) Vide the impugned order, the learned Single Judge disposed of the writ petition filed by the appellant by granting him an opportunity to file reply to the show cause notice dtd. 2/7/2021 within the time stipulated. It was further directed that if no reply is filed, the Director shall be at liberty to proceed in accordance with law and the Director was ordered to pass the order within 15 days from the date when the appellant files his reply to the notice or in case the appellant fails to file the reply within 15 days from the last day fixed for filing reply. The appellant has filed the present LPA challenging the aforesaid order dtd. 5/7/2021 passed by the learned Single Judge of this Court.