NEHA SHARMA Vs. STATE OF HARYANA

JUDGEMENT

(1.) Prayer in the present petition filed under Articles 226/227 of the Constitution of India, is for issuance of a writ in the nature of certiorari for setting aside the order dtd. 9/7/2025 (Annexure P-9); whereby the appeal filed by the petitioner, challenging her suspension order dtd. 1/7/2025 (Annexure P-6), was dismissed.

(2.) Succinctly, petitioner-Neha Sharma was elected as Sarpanch of Gram Panchayat Village Majra, District Ambala. It is stated that some residents of the village had made khokhas on the Panchayat land and the Gram Panchayat is stated to have convened a meeting on 8/11/2024, wherein it was decided to issue notices to the alleged encroachers under Sec. 24(1) of the Haryana Panchayati Raj Act, 1994 (for short 'the 1994 Act') for removal of their encroachment. It is stated that upon issuance of notices, sixteen persons out of the twenty encroachers had paid the lease money as well as arrears to the Gram Panchayat; however, four persons namely, S/Shri Balwant, Sanjeev Sharma, Rakesh Sharma and Parveen Sharma, refused to comply with the directions of the Gram Panchayat and even the encroachment was not removed. The Gram Panchayat is stated to have passed a resolution dtd. 5/6/2025 for removal of their encroachments and the same was forwarded to the Block Development and Panchayat Officer. It is next stated that as of now, only three persons namely, S/Shri Balwant, Rakesh Sharma and Parveen Sharma are in illegal possession.

(3.) Learned counsel for the petitioner submits that the learned Commissioner, has not afforded due opportunity of hearing to the petitioner as despite granting stay on 8/7/2025 (Annexure P-8) till the next date of hearing i.e. 27/8/2025, the learned Commissioner has decided the main appeal itself on 9/7/2025. It is further submitted that the affidavit dtd. 25/6/2025 (Annexure P-5) submitted by the petitioner was under stress of humiliation; however, the same has wrongly been made a basis for suspending the petitioner. Accordingly, prayer has been made for setting aside of the impugned order.