- (1.) The petitioners have filed this petition praying for issuance of a writ of certiorari for quashing the resolution No.1 dated 8.4.2003 (Annexure P.6) passed by the Gram Panchayat by which a proposal has been made to sell the Panchayat Ghar in the village. It has also been prayed by the petitioners that the order of the Deputy Commissioner dated 29.9.2003 by which he has granted approval to the resolution of the Gram Panchayat for sale of the aforementioned Panchayat Ghar to the respondents No.5 to 7 be also quashed.
(2.) The petitioners have averred that the Panchayat Ghar stood constructed on an area of 409 sq. yards in village Kayumpura, Tehsil Jagadhari, District Yamunanagar. The respondents No.5 to 7 had encroached upon this Panchayat Ghar and the Gram Panchayat instead of getting the respondents No.5 to 7 evicted from unauthorised occupation passed a resolution dated 29.9.2003 by which they have granted permission to sell this area to the private respondents. It is further averred that a petition under Section 7(2) of the Punjab Village Common Lands (Regulation) Act, 1961 was filed against the private respondents and the Asstt. Collector 1st Grade after visiting the spot came to the conclusion that the said respondents were in illegal possession of the Panchayat Ghar and had ordered their eviction. But while parting with the order he had stated that if it was permissible under the Government policy, the Gram Panchayat could take up the case regarding sale of the land.
(3.) Mr. Anil Kshetarpal, learned counsel for the petitioner contended that all throughout the residents of the village have been trying to save this Panchayat Ghar but the Gram Panchayat was interested in selling the land to respondents No.5 to 7 and thereafter wanted to perpetuate the unauthorised occupation of the private respondents. The Gram Panchayat has passed a resolution dated 8.4.2003 and the Deputy Commissioner has formally granted approval to the same.;