M.M.KUMAR, J. - (1.) CHALLENGE in this petition filed under Article 226 is to the order dated 3.1.2006 (Annexure P-8) passed by the Deputy Commissioner, Rewari and order dated 14.3.2006 (Annexure P-11) passed by the appellate authority holding that the petitioner is found to be in unauthorized possession of passage in khasra No. 120 and Assistant Collector Ist Grade, Rewari had ordered his eviction vide his order dated 17.10.1995. The petitioner has been disqualified for the position of a Sarpanch by invoking the provisions of Section 175(n) of the Haryana Panchayati Raj Act, 1994 (for brevity 'the Act') and the post of Sarpanch has been declared vacant.
(2.) BRIEF facts of the case necessary for disposal of the instant petition are that on 3.4.2005, the petitioner was elected as Sarpanch in the general elections against a post meant for reserved category. One Chandgi Ram filed a complaint under Section 175(n) of the Act against the petitioner alleging that the petitioner is in unauthorised possession of khasra No. 120 which is gair mumkin rasta. He further alleged that the petitioner has constructed his house on the same despite the fact that an order of eviction dated 17.10.1995 has been passed by the Assistant Collector Ist Grade, Rewari which has attained finality. The petitioner contested the claim. He asserted that the order dated 17.10.1995 with regard to his eviction was executable and he was not in unauthorised possession of any portion of the rasta. He pleaded that the application was filed due to party-faction and that the petitioner had moved an application before the Tehsildar, Rewari for demarcation of khasra No. 120. He also pleaded that in a family settlement the house has fallen to the share of his son Rajinder and in that regard reliance was placed on the family settlement. A copy of the complaint and the reply have been placed on record as Annexures P-1 and P-2. After examining the rival contentions, the Deputy Commissioner came to the conclusion in his order dated 3.1.2006 that the petitioner is in unauthorised possession of the Panchayat land and held as under : "After hearing both the parties and after perusal of the file I have reached the conclusion that Shri Chandu Lal Sarpanch Gram Panchayat Gokalpur Khubhawas has been found to be in unauthorised possession of rasta in khasra No. 120 and Assistant Collector Ist Class Rewari vide his order dated 17.10.1995 ordered eviction against the Sarpanch. According to Section 175(n) of Haryana Panchayati Raj Act, 1994 the unauthorised possession over gram panchayat land is disqualification from the post of Sarpanch. Therefore, according to the Haryana Panchayati Raj Act, 1994, Section 177, Shri Chandu Lal Sarpanch Gram Panchayat Khumbhawas is disqualified from holding the post of Sarpanch and the post of Sarpanch is hereby declared vacant. In order to fill the vacancy of Sarpanch necessary action in accordance with the rules may be done. The copy of the order is sent to the State Election Commissioner, Haryana Chandigarh, District Development and Panchayat Officer Rewari and BDPO Rewari." The order of the Deputy Commissioner was challenged by the petitioner in an appeal filed under Section 177(2) of the Act and the same has also been dismissed on 14.3.2006. It has been reiterated by respondent No. 1, which is the appellate authority, that the latest spot inspection and enquiry by the revenue officer in June, 2005 have found that the petitioner continues to be in unauthorised occupation of the Panchayat land and the report relied upon by the petitioner submitted by the retired Kanungo has been rejected as the report submitted by the superior revenue authorities have been given credence.
(3.) WE have heard Mr. Arvind Singh, learned counsel for the petitioner who has submitted that the demarcation report dated 19.12.2005 on which reliance has been placed by the petitioner could not have been discarded as the same has been prepared with complete details and thorough investigation. He has claimed that the aforementioned report by the ex-Kanungo is a genuine report and has been prepared in an impartial manner and all the persons present on the spot were satisfied. The learned counsel has then argued that in any case the house in question has fallen to the share of his son Rajinder in a family settlement. In that regard, reliance has been placed on the copy of the ration card which is undated (Annexure P-3).;