DHARI Vs. STATE OF HARYANA

JUDGEMENT

(1.) THE petitioners are the residents of village Pasina Khurd and they have been in possession of about one and a half acres of land within the abadi deh which vested in the Gram Panchayat. According to the petitioners, each one of them is in possession of small plots and they have been using those small plots for storing fuel and manure etc. and some of them have also raised structures. The Gram Panchayat passed resolutions on 29. 8. 1978, 12. 11. 1978 and also on 29. 11. 1978 to sell the said land by plotting it out in open auction to individual persons. The petitioner filed a civil suit, but the same was dismissed on the ground that the Civil Court had no jurisdiction as the land is, admittedly, Shamlat Deh and, therefore, the jurisdiction of the Court is barred. Thereafter, the petitioners made a complaint to the Deputy Commissioner, Karnal, against the Sarpanch of the Gram Panchayat, who with a mala fide intention, got the resolutions passed to put the land in auction only to evict the petitioners from their lands, but nothing happened on the complaints made by the petitioners. The petitioners filed this writ petition challenging the validity of the resolutions passed by the Gram Panchayat to dispose of the said land through public auction.

(2.) THE only point that arises for consideration in this writ petition is whether the Gram Panchayat is competent to sell the land which is Shamlat and vested in the Gram Panchayat, through public auction.

(3.) THUS it is clear that the Gram Panchayat is empowered to dispose of Shamlat land vested in the Gram Panchayat for the benefit of inhabitants of the village in the manner prescribed under the rules. Rule 12 of the Punjab Village Common Lands (Regulation) Rules, 1964 as applicable to the State of Haryana enumerates the purposes for which the land vested in the Gram Panchayat may be sold. Rule 12 of the said rules reads as follows: