YAHOODA MOHAMMAD Vs. STATE OF HARYANA

JUDGEMENT

(1.) Through the instant writ petition, the petitioner has prayed for the issuance of a writ in the nature of Certiorari, seeking therebys the quashing of the order dtd. 13/4/2024 (Annexure P-11) passed by respondent No.3, wherebys, respondent No.3 has constituted a four member committee consisting of respondent Nos.4, 6, 7 and 9, thus to enquire into the matter, as to whether the respondent No. 10 is in unauthorized possession of the gram panchayat land, albeit this action of the respondent No. 3 is illegal, unjust, improper, unconstitutional as well as violative of the provisions of Sec. 177 (2) of Haryana Panchayati Raj Act, 1994 (hereinafter referred to as the Act of 1994') and Sec. 13 C and 13 D of The Haryana Village Common Lands (Regulation) Act, 1961 (hereinafter referred to as the Act of 1961') as the respondent No.3 has no authority under any law to interfere with the order dtd. 9/4/2024 passed by respondent No.2 (Annexure P-9), rather as per provision of Sec. 177 (2) of the Act of 1994, the only remedy with respondent No. 10, is to file an appeal before the government against the order (Annexure P-9). However, instead of following the procedure as contemplated under the provision of Sec. 177 (2) of the Act of 1994, the respondent No.10, who is a Member of Zila Parishad, Nuh, by using his political dominion, ensured the interference of respondent No.3 in the matter, merely to ill tinker with the judicial order (Annexure P-9).

(2.) He has further prayed for the issuance of a writ in the nature of mandamus, thus directing the respondent Nos. 3 to 9, rather to not take any further action on the basis of order/letter dtd. 13/4/2024 (Annexure P-11), as they have no power/ authority under any law to interfere with the order of their higher authority i.e. respondent No.2, who has passed Annexure P-9. CWP-10993-2024

(3.) Through the instant writ petition, the petitioner has prayed for the issuance of a writ in the nature of Certiorari, seeking therebys the quashing of the order dtd. 26/4/2024 (Annexure P-15) passed by respondent No.l, whereby the statutory appeal filed by respondent No.10 has been accepted and order dtd. 9/4/2024 (Annexure P-9) passed by respondent No.3, whereby the respondent No.10 has been declared as disqualified and removed from the post of Member Ward-19, Zila Parishad Nuh, under Sec. 177 of the Haryana Panchayati Raj Act, 1994, (hereinafter referred to as the Act of 1994'), has been set aside, only on the ground of benefit of doubt' given to respondent No.10 but in an illegal, unjust, improper, cavalier and slipshod manner, as the impugned order (Annexure P-15), itself suffers from an illegality and perversity and the same is politically motivated and is not legally sustainable in view of order dtd. 1/5/2024 (Annexure P-16) and the provisions of the Act of 1994. Indubitably, since the disqualification of the respondent No. 10 becomes well proven vide orders (Annexure P-9 and P-16). Therefore, respondent No.10, whose possession/ encroachment upon the Gram Panchayat's land has been proved way-back in the year 2004, through the passing of the yet unsuccessfully challenged Annexure P-3, rather is required to be entailed with the statutory disqualification.