Matadin and Others vs Financial Commissioner, Principal Secretary to Government of Haryana, Department of Development, Panchayats and Others

Satish Kumar Mittal, J.—The appellants, who were not party before the learned Single Judge, have filed an application (CM No. 4469-LPA of 2013) seeking permission to file the instant Letters Patent Appeal against the order dated 16.7.2013 passed by the learned Single Judge, whereby while allowing the writ petition (CWP No. 12659 of 2012) filed by Indraj (brother of appellant No. 1; brother-in-law of appellant No. 2; paternal uncle of appellants No. 3 to 5; and son of appellant No. 6), the order of removal of said Indraj from the office of Sarpanch of Gram Panchayat, village Bhedanti, Tehsil Narnaul, District Mohindergarh, has been set aside, on the ground that the illegal possession of the brothers of the Sarpanch over the Gram Panchayat land cannot be taken adverse against him. However, while allowing the writ petition, the learned Single Judge observed that the order dated 17.1.2005 passed by the Assistant Collector Ist Grade, Narnaul, ordering eviction of the appellants u/s 7(2) of the Punjab Village Common Lands (Regulations) Act, 1961 has become final, as the appeal against the said order filed by the appellants was dismissed. Further, while observing that the notice u/s 24(1) of the Haryana Panchayati Raj Act, 1994 (hereinafter referred to as `the Act''), has already been issued to the appellants by the Gram Panchayat on 24.11.2011, the learned Single Judge directed the Deputy Commissioner, Mahendergarh at Narnaul to supervise the execution proceedings of the order of eviction in respect of the land mentioned therein, which is in unauthorised possession of the appellants. It is pertinent to mention here that complainant Budh Singh had filed LPA No. 1465 of 2013, challenging the aforesaid order passed by the learned Single Judge, which has been dismissed by this court vide order dated August 20, 2013.

We have heard learned counsel for the appellants and have gone through the impugned order.

During the course of hearing, it has not been disputed that the eviction order dated 17.1.2005 passed by the Assistant Collector Ist Grade, Narnaul, against the appellants has become final. It has also not been disputed that in spite of the notice dated 24.11.2011 issued u/s 24(1) of the Act, till date, the appellants have not vacated the illegal possession of the land belonging to the Gram Panchayat. However, learned counsel for the appellants argued that in the writ petition filed by Indraj - Sarpanch of the Gram Panchayat, the aforesaid direction against the appellants should not have been issued by this Court. We do not find any substance in this argument, because the appellants are the close relatives of the Sarpanch of the Gram Panchayat, who had taken a specific stand that he had already initiated the eviction proceedings against the illegal occupants of the Gram Panchayat land and he is seeking police help for the same. In these facts, the learned Single Judge has reminded the Gram Panchayat as well as the Deputy Commissioner, Mahendergarh at Narnaul, to expedite the eviction proceedings against the illegal occupants, who in spite of the eviction order passed in the year 2005 have not vacated their illegal occupation. In these facts, we do not find any ground to grant leave to the appellants to challenge the said order by filing the instant appeal. Dismissed.