HEMANT GUPTA, J. - (1.) THE challenge in the present writ petition is to the order passed by the Principal Secretary, Government of Haryana, Rural Development, Panchayat, on 18.7.2013 (Annexure P.16), whereby the present petitioner was directed to pass a resolution reserving the land identified by the Block Development and Panchayat Officer (for short 'BDPO') and submit the proposal to the Deputy Commissioner for his approval for allotment of plots to the 335 eligible families within four weeks.
(2.) THE petitioner being a Gram Panchayat, is a juristic entity. The Panchayat in terms of the Punjab Village Common Land (Regulations) Act, 1961 (for short 'the 1961 Act'), as applicable to the State of Haryana means a Gram Panchayat constituted under the Haryana Panchayati Raj Act, 1994 (for short 'the 1994 Act'). The 1994 Act empowers the State Government to establish a Gram Panchayat in a Sabha Area. The BDPO vide letter dated 10.6.2011 called a meeting of the Panchayat on 14.6.2011. In such meeting of Panchayat, it was resolved to consider the allotment of plots of 100 square yards to the Scheduled Castes and people living below poverty line and backward classes, under the scheme "Mahatma Gandhi Gramin Basti Yojna". 10 out of 14 members of the Panchayat objected to such proposal. Aggrieved against the resolution of the Panchayat, the BDPO called all the members of Panchayat to appear before him. In response to such notice, a meeting was held which was attended by the Additional Deputy Commissioner. It was decided that a resolution regarding allotment of 100 square yards residential plots shall be passed. In pursuance of such decision, a meeting of the Panchayat was held on 20.6.2011, wherein it was resolved for allotment of 100 square yards plots to the eligible persons out of Khasra Nos. 135/15, 16, 17, 24, 25, 136/11, 20, 21, 137//1 and 138//4, 5. The BDPO again called the meeting of Panchayat for giving plots out of Khasra Nos. 31//16, 17, 18, 23, 24, 25, 46//2, 3, 4, 5, 7, 8, 9. The members of the Panchayat did not agree for allotment of such land to 335 plot holders. After some discussion in a meeting of the General House of the Panchayat on 4.7.2011, it was decided that the Panchayat does not want to give the land for allotment of residential plots out of Khasra Nos. 31//16, 17, 18, 23, 24, 25, 46//2, 3, 4, 5, 7, 8, 9 and that plots as per the resolution dated 20.6.2011 be given.
(3.) SOME of the villagers also moved an application under Section 47 of the 1994 Act and Rule 18 of the Panchayati Raj Rules, for cancelling the resolution dated 4.11.2011. The BDPO, made recommendations to the SDO (Civil) for cancelling of the resolution and allotment of 100 square yards plots in the Shamlat land comprising in Khasra Nos. 31//16, 17, 18, 23, 24, 25, 46//2, 3, 4, 5, 7, 8, 9. Since the Panchayat did not pass a resolution as desired by the BDPO, it was threatened that an Administrator shall be appointed. The petitioner also filed a contempt petition before this Court as the stand of the State before this Court, in another writ petition challenging the scheme of allotments of plot out of shamlat deh land, was that the plots will be allotted only in case the Gram Panchayat passes a resolution in that regard and not otherwise. Since the Panchayat has resolved not to give the land comprising in specific khasra numbers, therefore, the action of the authorities is contemptuous.;