MATADIN AND OTHERS Vs. FINANCIAL COMMISSIONER, PRINCIPAL SECRETARY TO GOVERNMENT OF HARYANA, DEPARTMENT OF DEVELOPMENT, PANCHAYATS AND OTHERS

JUDGEMENT

(1.) THE appellants, who were not party before the learned Single Judge, have filed an application (CM No. 4469 -LPA of 2013) seeking permission to file the instant Letters Patent Appeal against the order dated 16.7.2013 passed by the learned Single Judge, whereby while allowing the writ petition (CWP No. 12659 of 2012) filed by Indraj (brother of appellant No. 1; brother -in -law of appellant No. 2; paternal uncle of appellants No. 3 to 5; and son of appellant No. 6), the order of removal of said Indraj from the office of Sarpanch of Gram Panchayat, village Bhedanti, Tehsil Narnaul, District Mohindergarh, has been set aside, on the ground that the illegal possession of the brothers of the Sarpanch over the Gram Panchayat land cannot be taken adverse against him. However, while allowing the writ petition, the learned Single Judge observed that the order dated 17.1.2005 passed by the Assistant Collector Ist Grade, Narnaul, ordering eviction of the appellants under Section 7(2) of the Punjab Village Common Lands (Regulations) Act, 1961 has become final, as the appeal against the said order filed by the appellants was dismissed. Further, while observing that the notice under Section 24(1) of the Haryana Panchayati Raj Act, 1994 (hereinafter referred to as 'the Act'), has already been issued to the appellants by the Gram Panchayat on 24.11.2011, the learned Single Judge directed the Deputy Commissioner, Mahendergarh at Narnaul to supervise the execution proceedings of the order of eviction in respect of the land mentioned therein, which is in unauthorised possession of the appellants. It is pertinent to mention here that complainant Budh Singh had filed LPA No. 1465 of 2013, challenging the aforesaid order passed by the learned Single Judge, which has been dismissed by this court vide order dated August 20, 2013.

(2.) WE have heard learned counsel for the appellants and have gone through the impugned order.