GRAM PANCHAYAT, VILLAGE CHIRYA Vs. STATE OF HARYANA

JUDGEMENT

(1.) Gram Panchayat of village Chirya, Tehsil Charkhi Dadri, District Bhiwani, through its Sarpanch Sube Singh, has sought a writ of mandamus for stopping the sale of intoxicating liquor at any licensed liquor vend within the local area of the Gram Panchayat.

(2.) The petitioner Gram Panchayat in its meeting held on October 19, 1984, passed a resolution (Annexure P.1) asking the State Government not to open any liquor shop in its local area. This resolution was sent to the Excise & Taxation Commissioner, Haryana. The Excise & Taxation Commissioner sent a memorandum dated January 28, 1985 (Annexure P.2) to the Gram Panchayat informing them that their resolution (Annexure P.1) had been ignored. Subsequently it was advertised that an auction for the opening of a liquor vend within the area of the Gram Panchayat would take place on March 19, 1985. The Gram Panchayat thereupon filed the present writ petition seeking directions to the respondents not to auction the liquor vend.

(3.) The Excise & Taxation Commissioner, Haryana, on behalf of all the respondents, filed a written statement stating that the resolution of the Gram Panchayat (Annexure P.1) is invalid on two grounds. Firstly that four Panches, namely, Mir Singh, Nand Lal, Balvira and Daryao Singh had filed a written statement before the Excise Inspector, Dadri, stating that they had not signed the resolution. Secondly, that the resolution was passed on October 19, 1984 in violation of the provisions of section 26 of the Punjab Gram Panchayat Act, 1952, (hereinafter called 'the Act') as applicable to the State of Haryana. It is, therefore, said that the resolution of the Gram Panchayat had been rightly rejected.