RAMESHWAR ETC. Vs. STATE OF HARYANA AND ORS.

JUDGEMENT

(1.) The petitioners, who claim themselves as proprietors of village Sangoha, have filed this writ petition under Articles 226/227 of the Constitution of India for quashing the resolution dated 24.3.1990 passed by the Gram Panchayat, Sangoha; order dated 3.9.1990 passed by the Deputy Commissioner, Karnal vide which the dispute regarding division of Gram Panchayat properties between two Panchayats was referred to the Block Development and Panchayat Officer, Karnal for the decision and implementation; order dated 19.9.2002 passed by the Deputy Commissioner, Karnal: Mutation No. 2769 dated 25.10.2002 vide which mutation was sanctioned regarding the properties received in partition by both the Gram Panchayats; and the order dated 5.5.2004 passed by the Tehsildar and Assistant Collector IInd Grade, Karnal compliance of the order dated 15.1.2004 passed by the Court in C.W.P. No. 2121 of 2003.

(2.) The brief facts of the case are that Gram Panchayat known by the name of Sangoha, consisting of two villages i.e. villages Sangoha and Sangohi. On the demand of respective villages, separate Gram Panchayats were created by the Government for each village i.e. Gram Panchayat of village Sangoha and Gram Panchayat village Sangohi vide notification published in the Government Gazette on 11.7.1988 under Sec. 4(1) & (2) read with Sec. 5 of the then existing Punjab Gram Panchayat Act, 1952. Consequently, the property of Gram Panchayat, Sangha was also divided in equal shares among the two Gram Panchayats vide order dated 3.9.1990.

(3.) The Gram Panchayat, Sangoba challenged the creation of the new Gram Panchayat as well as the order of the Deputy Commissioner dated 3.9.1990 by way of C.W.P. No. 4629 of 1991. The said writ petition was dismissed vide order dated 10.7.1991.