GRAM PANCHAYAT KALESAR Vs. STATE OF HARYANA

JUDGEMENT

(1.) The Gram Panchayat of village Kalesar, District Yamuna Nagar has filed this writ petition for issuance of an appropriate writ, order or direction to hold an inquiry into the illegal sale of the shamilat land of village Kalesar. It is also prayed that respondent No. 4 may be restrained from registering a sale deed on the basis of an agreement allegedly executed by respondent Nos. 7 and 8 in favour of respondent Nos. 5 and 6. The facts pleaded and arguments addressed prima facie revealed that shamilat land has been sold and a suit in respect thereof, decreed. The following order was, therefore, passed on 31.1.2013:-

(2.) The Additional District Judge, Yamuna Nagar and the Civil Judge (Senior Division), Yamuna Nagar (executing court) have filed their respective comments. The Block Development and Panchayat Officer, Chhachhrauli has filed a reply supporting the case of Panchayat but has pleaded that as the matter is pending before this Court, he would abide by the order or direction issued by this Court.

(3.) Counsel for the petitioner-Gram Panchayat submits that land belonging to the Gram Panchayat has been sold by executing an agreement to sell and though the suit for specific performance was dismissed by the Civil Judge (Senior Division), Yamuna Nagar, it has been decreed by the Additional District Judge, Jagadhri. The executing court has called upon respondent No. 4 to register the sale deed. It is pointed out that as the land is "Shamilat Deh", it vests in the Gram Panchayat and, therefore, cannot be sold by any person, whosoever, much less, can an agreement to sell be executed, a suit be filed or decreed. The Gram Panchayat is the only authority empowered to sell "Shamilat Deh" and then also after following the procedure prescribed by the 1961 Act. The agreement to sell, the decree and execution proceedings are null and void. It is further submitted that as a large number of similar sale deeds have been executed by private persons, the Deputy Commissioner should be directed to conduct an inquiry into the sale deeds.