LAL CHAND SHARMA Vs. STATE OF HARYANA

JUDGEMENT

(1.) THIS writ petition is filed to quash the order of the Secretary to Government, Haryana Development and Panchayat Department dated 9. 3. 1981.

(2.) THE petitioners are members of the Gram Panchayat, Gulkani in Jind District. A memorial was constructed in memory of persons who died in rail accident during the Hindi Agitation in the year 1964-65 known as Shabheed Samark. The Gram Panchayat passed a resolution on 31. 12. 1976 to donate the Shamlat land measuring 8 kanals in Rect. No. 41, Killa No. 16 to the Samarak and referred the matter to the Government for its sanction. The petitioners filed representations to the Government not to grant any sanction for the gift of the Shamlat land to the Shaheed Samarak. Thereafter the Minister for Development and Panchayat, Haryana, declined the approval and ordered that the approval be accorded if the Gram Panchayat again passes a resolution" for gifting the land to the Samarak. Thereafter the Panchayat of which the petitioners are also members sent a resolution to the Director of Panchayats stating that they do not want to donate the land to the Samarak. The 3rd. respondent, who was Sarpanch of the Gram Panchayat evaded to call a meeting of the Gram Panchayat and therefore, the petitioners were compelled to send a letter/resolution on their own on 26. 11. 1980. According to the petitioners, there was no valid resolution after 31st December, 1976 of the Gram Panchayat to donate the land to the Samarak. The petitioners, therefore, filed this writ petition to quash the order of the State Government dated 9. 3. 1981 according approval for the gift of Shamlat land measuring 8 Kanals by the Gram Panchayat to Balidan Samarak, Gulkani as per resolution of the Gram Panchayat bearing No. 13 dated 31. 12. 1976.

(3.) DURING the course of arguments, a resolution dated 14. 2. 1982 was placed before me. This resolution reads as lollows: