BHEEM SINGH Vs. STATE OF PUNJAB AND OTHERS

JUDGEMENT

(1.) Present writ petition is directed against the order dated 12.10.2016 (Annexure P-8), whereby Secretary to Govt. of Punjab, Department of Rural Development and Panchayats-respondent No.1 accepted the appeal of respondent No.4-Sarpanch and set aside the order dated 02.02.2016 (Annexure P-7) passed by the Director, Department of Rural Development and Panchayats, Punjab- respondent No.2, removing respondent No.4 from the post of Sarpanch on a factually incorrect allegation that he was in illegal possession of Panchayat land.

(2.) Petitioner claims himself to be the complainant. The only argument raised by learned counsel for the petitioner before this Court was that since respondent No.4 was in illegal possession over the Panchayat land, he was rightly removed from the post of Sarpanch vide order dated 02.02.2016 passed 1 of 6 by the Director-respondent No.2. He further submits that in such a situation, respondent No.1 ought to have dismissed the appeal of respondent No.4. However, since respondent No.1 has proceeded on a patently illegal approach, while passing the impugned order, the same is liable to be set aside. He prays for allowing the present writ petition.

(3.) Having heard the learned counsel for the petitioner at considerable length, after careful perusal of the record of the case and giving thoughtful consideration to the contentions raised, this Court is of the considered opinion that present writ petition is a frivolous litigation at the hands of a person, who has not been found to be a bonafide litigant. The only object of the petitioner is to settle the personal score with respondent No.4 by way of instant unwarranted litigation. The order passed by respondent No.1 is a perfect order on facts as well as in law and the same deserves to be upheld. The writ petition is liable to be dismissed with costs. To say so, reasons are more than one, which are being recorded hereinafter.