GRAM PANCHAYAT AGWANPUR Vs. RAM CHANDER AND ORS.

JUDGEMENT

(1.) Challenge in this Letters Patent Appeal is to the order dtd. 9/3/2017 passed by the learned Single Judge whereby CWP-4804-2017 filed by respondent No.1 was allowed.

(2.) Briefly stated, the facts necessary for adjudication of the present appeal as narrated therein may be noticed. Respondent No.1 was elected as Sarpanch, Gram Panchayat, Agwanpur, District Sonepat in the elections held in the year 1995. In the year 1991, the Director, Development and Panchayats, Haryana, Chandigarh vide order dtd. 9/4/1991 granted approval for sale of shamlat land measuring 182 kanals to be divided in 447 plots situated in village Agwanpur, District Sonepat. In December, 1999, the term of Panchayat had expired and despite that the auction was conducted on 16/2/2000. On 25/2/2000, notification for Panchayat election was issued and the new Panchayat was constituted on 16/3/2000. The auction of the plots was conducted wherein about 81 plots of different sizes had been put to auction. At the time of auction, respondent No.1 in collusion with the Panchayat Secretary had flouted the conditions laid down by the Director, Panchayats vide letter dtd. 23/4/1991 and had executed the sale deeds on 21/22/3/2000 without any authority. Respondent No.1 did not deposit the sale proceeds of the plots into the Gram Panchayat fund and embezzled the same. Accordingly, the residents of the village moved an application under Sec. 10-A of the Punjab Village Common Lands (Regulation) Act, 1961 (in short "the Act") for cancellation of the registered sale deeds and auction conducted by the Gram Panchayat, Agwanpur. As per the Audit Report dtd. 19/3/2001 (Annexure A-1), respondent No.1 had openly flouted the rules and Regulations under different heads and misused the funds of the Gram Panchayat and even did not deposit the amount received on account of Gram Panchayat. The Assistant Collector 1st Grade, Sonepat vide order dtd. 12/10/2004 (Annexure A-2) dismissed the said application. Against the order, Annexure A-2, the villagers filed an appeal before the Collector, who vide order dtd. 28/3/2005 remanded the matter to the Assistant Collector 1st Grade, Sonepat. In pursuance thereto, the Assistant Collector 1st Grade, Sonepat vide order dtd. 4/4/2006 set aside the sale deeds dtd. 19/6/1999 and 21/22/3/2000 and issued a direction for refund of the money to the purchasers along with interest @ 8% per annum within a period of three months. Against the order dtd. 4/4/2006, the beneficiaries filed an appeal before the Collector. The Collector, Sonepat vide order dtd. 7/2/2008 dismissed the appeal and recommended for action against respondent No.1.

(3.) Learned counsel for the appellant submitted that the learned Single Judge had passed the impugned order without affording an opportunity of hearing to the appellant whose interests had been adversely affected. It was further submitted that the impugned order has been passed in violation of the principles of natural justice.