BHULA Vs. STATE OF HARYANA AND ORS.

JUDGEMENT

(1.) BHULA petitioner was elected as Sarpanch of Gram Panchayat, Singhwal, District Jind on 9.4.2005. A complaint was filed against him by Ram Diya on 10.5.2005 to the effect that Bhula petitioner was in illegal possession of 2 Marias of Shamlat land comprised in Khasra No. 197/1, Gair Mumkin Pond. Accordingly, the Deputy Commissioner, Jind directed the District Development & Panchayat Officer Jind to conduct an enquiry against the petitioner who after enquiry submitted his report dated 29.7.2005 to the effect that the petitioner had not encroached upon land measuring 2 marlas comprised in Khasra No. 197/1.

(2.) THE petitioner also furnished an affidavit before the Deputy Commissioner, Jind on 20.9.2005 denying illegal encroachment by him on any piece of Shamlat land but the Deputy Commissioner suspended the petitioner vide order 27.10.2005. The petitioner filed an appeal against the said order before respondent No. 1. The appeal was dismissed vide order dated 10.1.2006. Respondent No. 1 however directed for holding of fresh enquiry within a period of one month failing which the petitioner was to be reinstated automatically on 15.2.206. The Additional Deputy Commissioner conducted fresh enquiry and submitted enquiry report dated 9.1.2006 (Annexure P -4). It was held that the petitioner had illegal encroachment on two Marias of Shamlat land and on its basis, the Deputy Commissioner removed the petitioner from the post of Sarpanch under Section 175(i)(N) of the Haryana Panchayati Raj Act, 1994 (in short Act of 1994) vide order dated 20.2.2006 (Annexure P -5). The appeal filed by the petitioner was dismissed by respondent No. 1 vide order dated 11.7.2006 (Annexure P -6).

(3.) THE submission of learned Counsel for the petitioner was that the demarcation of Shamlat land in village Singhwal was conducted by the Tehsildar on 29.10.2002 according to which the petitioner was found in illegal possession of two Marias of land comprised in Khasra No. 197/1. As noticed in the order dated 10.1.2006 passed by respondent No. 1, earlier the petitioner had made a platform (Chabutra) on the land measuring two Marias belonging to the Shamlat land. The petitioner pleaded that the illegal possession was vacated by him within ten days after that report. Even after a complaint was filed against the petitioner by Ram Dia son of Sardara, an enquiry was conducted by the District Development and Panchayat Officer about the alleged illegal encroachment by him on the Shamlat land who vide his report dated 29.7.2005 (Annexure P -1) had reported as under: