SAHAB KHAN Vs. STATE OF HARYANA

JUDGEMENT

(1.) The petitioners, who are residents of Village Terakpur, Gram Panchayat Dhandhuka, Tehsil and District Nuh, have filed this writ petition under Articles 226/227 of the Constitution of India for issuance of a writ in the nature of certiorari seeking quashing of order dtd. 30/8/2017 (Annexure P-3), whereby, the Government of Haryana through Principal Secretary to Government, Haryana Development and Panchayats Department has accorded approval to the sale of Gram Panchayat's land measuring 180 kanal bearing Khasra Nos.18//4 (8-0), 5(8-0), 6(8-0), 7(8-0), 13(8-0), 14(8-0), 15(8-0), 16(8-0), 17(8-0), 18(8-0), 19(8-0), 22(8-0), 23(8-0), 24(8-0), 25(8-0), 21//1/1 (3-16), 2/2 (7-7), 3(8-0), 4(8-0), 5(8-0), 6 (6-8), 7/2 (5-2), 8(4-8), 9/1 (1-15), 22//5 (7-4) as resolved by the Gram Panchayat Dhandhuka, Block and District Nuh vide its resolution No.1 dtd. 24/6/2017. It requires mention that there is a common Gram Panchayat for two villages namely, Terakpur and Dhandhuka. The petitioners have also sought setting aside of resolution No.1 dtd. 24/6/2017 (Annexure P-2), on the ground that the Gram Panchayat has no right/authority to change the nature of Charand land to any other use. A further direction has also been sought for directing the respondents, not to change the nature of the land, in dispute.

(2.) It is the submission of the petitioners that resolution No.1 dtd. 24/6/2017 (Annexure P-2) has been wrongly passed by the Gram Panchayat, whereby it has been resolved to sell the land on collector/market rate to the PWD (B&R) department for plantation, as the Gram Panchayat is not competent to divert the usage of the land; which according to the petitioners is ' Charand' land. It is also the submission of the petitioners that the Gram Panchayat is precluded from dealing with Shamlat land or land vested in the Gram Panchayat, without preparing a land utilization plan as provided under Rule 3 read with Rule 8 of the Punjab Village Common Lands (Regulation) Rules, 1964 (here-in-after referred to as 'the Rules, 1964-).

(3.) Upon issuance of notice, the respondents have appeared and filed their respective written statements.