GRAM PANCHAYAT Vs. STATE OF HARYANA

JUDGEMENT

(1.) THIS judgment would dispose of Civil Writ Petition No. 3841 of 1992, the decision of which was announced on April 23, 1992 itself after arguments in the matter were heard, as also Civil Writ Petition No. 4059 of 1992, "gram Panchayat Badli v. The State of Haryana and Ors. , Civil Writ Petition No. 4210 of 1992". "the Gram Panchayat Imlota v. State of Haryana and Ors. " and Civil Writ Petition No. 3432 of 1992 "gram Panchayat. Dubaldhan v. The State of Haryana and Ors. ", in which the judgment was reserved on April 23, 1992 as common question of fact and law are involved in all these petitions

(2.) THE petitioner Gram Panchayats in the various aforesaid Writ Petitions question the action of respondent Excise and Taxation Commissioner by which liquor vends have been established within the jurist diction of petitioner Gram Panchayats by auctioning the same for the year 1992-93 in teeth of unanimous resolutions passed by the Gram Panchayats recommending prohibition in their respective areas and in that direction requesting that no liquor vend be auctioned. Gram Panchayat Fatehpur Billoch passed resolution for enforcing prohibition in its area of operation on January 17, 1991 repeating the same very resolution on September 19, 1991. Even the newly elected Gram Pranchayat moved the authorities for same request by passing fresh resolution on February 3, 1992. It is asserted that the Sarpanch and other respectables of the village met the Excise and Taxation Commissioner and the Deputy Commissioner for ensuring that the resolution passed by the Gram Panchayat was given effect to. They were accorded personal hearing in the month of February, 1992 and were told that the liquor vend already operating within the jurisdiction of Gram Panchayat shall not be auctioned again and with effect from 1. 4. 1992 there shall be a complete prohibition in the locality of the Gram Panchayat. It is pleaded by the Gram Panchayat that under the influence of certain vested interests, the liquor vend was auctioned on March 17, 1992 to respondent No. 4 inspite of the fact that the assurances given to the members of panchayat were in the other direction. They were told by the officers that the same had been done with a view to earn more revenue and as they were told by the higher authorities to ignore the resolution passed by the. Gram Panchayat, they had no option in the matter. The positive case of the petitioner is that there was no illicit distillation or smuggling of alcohol in its area and, therefore, the unanimous resolution passed by the Gram Panchayat should not be ignored.

(3.) IN the reply filed, the cause of the petitioner is sought to be negatived on the solitary ground that the resolution dated January 17, 1991 was passed by the Gram Panchayat but the same was received on September 19, 1991, and that second resolution dated February 3, 1992 had not been received by respondent No. 2. Inasmuch resolution which was passed on January 17, 1991 was received on September 19, 1991, the same was not in accordance with the provisions of Section 26 of the Gram Panchayat Act and was, thus, not valid. In so far as the assertion of petitioner that there has been absolutely no illicit distillation or smuggling in its area is concerned, the same has not been denied.