GHANSHYAM Vs. STATE OF PUNJAB AND OTHERS

JUDGEMENT

(1.) Petitioner, who is a resident of village Panjkosi, Block Khuian Sarver, District Fazilka, has filed the present writ petition for quashing of order dated 19.09.2016 (Annexure P1), passed by respondent No.2-Director, Rural Development and Panchayat, Punjab, whereby appeal, filed by him, for quashing a resolution dated 06.02.2015 got passed by respondent No.6- Gram Panchayat Panjkosi has been dismissed. Petitioner also sought quashing of resolution dated 06.02.2015 and 16.09.2016 passed by respondent No.6-Gram Panchayat.

(2.) As per petitioner, the Gram Sabha passed a resolution dated 06.02015 in violation of the provisions of law and rules applicable to them, whereby the Gram Sabha passed a resolution to allot 213 plots to persons from the land bearing khasra No. 201 of the Gram Panchayat, which was otherwise kept reserved for Shamshan Bhumi. As per revenue record, the said land is Gair Mumkin Shamshan Bhumi. The land reserved for common purpose was to be reserved for applying a pro-rata cut on the proprietors so the land reserved for common purposes in the name of Gram Panchayat has been left by the petitioner and other proprietors. Petitioner and residents of the village filed a complaint to the Sub Divisional Magistrate and handed over the list of illegible persons including the list for allotment of 5-5 marlas plots. The said resolution was passed against the policy issued by the Government vide letter dated 17.04.2001.

(3.) As per petitioner, the Gram Panchayat has not passed a resolution with a required quorum of the Gram Sabha. The Gram Panchayat called a meeting on 06.09.2016 to fix a date to hold meeting on 109.2016 at 10.00 A.M. in the Panchayat Ghar and also passed resolution to send notices to the members and to conduct munadi in the sabha area. The Gram Panchayat assembled for holding a special meeting of Gram Sabha on 109.2016, but because of inadequate quorum, the meeting could not be held and the same was to be held on 16.09.2016 at 10.00 A.M. On the said date i.e. 16.09.2016, the Gram Panchayat passed a resolution for allotment of 5-5 marlas of plots to 168 persons out of the land which was kept reserved for Shamshan Bhumi.