Gram Panchayat Village Walle Shah Uttar vs The State of Punjab and Others

Alok Singh, J.—Gram Panchayat, Village Walle Shah Uttar, District Ferozepur through its Sarpanch has invoked extra-ordinary writ jurisdiction of this Court under Article 226 of the Constitution of India, challenging the order dated 20.09.2010 passed by Financial Commissioner and Secretary to Punjab Government, Rural Development and Panchayat, thereby revoking the suspension of respondent No. 5 - Gura Bai, Panch.

In the impugned order dated 20.09.2010, it has been clearly observed that alleged possession of respondent No. 5 over the land of Gram Panchayat is not mentioned either in the jamabandi or in the khasra girdawari of rectangle No. 53 (1-0). It has further been observed in the impugned order that had respondent No. 5 been in illegal possession of the Gram Panchayat land, the petitioner being Sarpanch, would have filed eviction proceedings u/s 7 of the Punjab Village Common Land Act (hereinafter referred to as the Act). On being asked by this Court repeatedly, learned Counsel for the petitioner is unable to reply as to why eviction proceedings were not initiated against respondent No. 5, if she (respondent No. 5), according to the petitioner, is in illegal possession of the panchayat land. Learned Counsel for the petitioner could not show any valid evidence to prove that respondent No. 5 is, in fact, in illegal possession of the panchayat land.

Prima facie, I am satisfied that the petitioner has misused the funds of the Gram Panchayat by filing present petition to settle the score of political rivalry. Learned Additional Advocate General, Punjab, is directed to ask the Secretary, Rural Development and Panchayat, Punjab, to hold enquiry against the petitioner as to why action be not taken against the petitioner in failing her duties in filing eviction proceedings u/s 7 of the Act against respondent No. 5, who is stated to be in illegal possession of panchayat land. The Secretary, Rural Development and Panchayat, also enquire as to under what circumstances, the gram panchayat''s fund is used by filing the present petition.

Present petition is dismissed with exemplary costs of Rs. 25,000/- which is to be paid to the Advocates'' Welfare Fund High Court, Chandigarh, within 15 days from today. However, the Secretary, Rural Development and Panchayat, shall take appropriate action in the matter as observed herein above.

Copy of the order be given to the learned Additional Advocate General, Punjab, under the signatures of the Reader.