Alok Singh, J.@mdashIn all these above mentioned three writ petitions, challenge is to order dated 20.09.2010 (Annexure P/5) passed by Financial Commissioner-cum-Secretary to Government, Punjab, Rural Development and Panchayat Department, whereby, order dated 11.5.2010 (Annexure P/3) passed by Additional Deputy Commissioner (Development), Fatehgarh Sahib as well as order dated 10.9.2010 (Annexure P/4) passed by Deputy Director (Complaints) for Director, Rural Development and Panchayat, Punjab, were set-aside observing that now Panchayat has resolved to initiate proceedings u/s 7 of the Punjab Village Common Lands (Regulation) Act, 1961 (for short, "the Act").
2. Learned Additional Deputy Commissioner (Development), Fatehgarh Sahib has held as under:
After perusal of evidence on file, statements of Shri. Satminder Kumar, Ex-Sarpanch and Panches, I have reached the conclusion that these possessions had been done during the tenure of Shri. Satminder Kumar, Ex-Sarpanch, at the time Shri. Harbhajan Singh was also Panch, but the present Sarpanch Shri. Surinder Singh and Panches has also not initiated any proceedings to remove the illegal possessions. From this, it is ample clear that the previous Gram Panchayat and the present Gram Panchayat is conniving with persons in illegal possession. Due to this reason, the panchayat is not taking any action against the persons in illegal possession, although the present Sarpanch has become Sarpanch on 12.7.2008 and has taken of charge of Panchayat on 20.9.2008, but still it is clear that after becoming Sarpanch he has not shown keen interest in removing the illegal possession. Shri Surinder Singh, Sarpanch, Smt. Kuldip Kaur Panch, Shri Rajpal Panch and Shri Karnail Singh, Panch has admitted in their statements that these possessions were held during the tenure of Shri Satminder Kumar Ex-Sarpanch and these possessions were also existing during their period, they have also not taken any action against persons in illegal possession being inexperienced. But the reality is that Ex-Sarpanch, the Panchayat members of that period and present Sarpanch and Panches entered in the complaint, deliberately could not take any action, due to this, this charge is proved against the persons entered in the subject.
3. Learned Director has held as under:
Keeping in view the record on file the allegations levelled against Shri Satminder Kumar, Ex-Sarpanch, Sh. Surinder Singh, present Sarpanch, Sh. Rajpal - Panch, Smt. Kuldip Kaur - Panch, Sh. Karnail Singh - Panch and Sh. Harbhajan Singh, Ex-Panch, Gram Panchayat, Kalo Majra, Block Rajpura, Distt. Patiala are fully proved and in these circumstances to keep them posted on their rank is not in the panchayat interest. It is pertinent to mention here that according to Section 2(ZR) of Punjab Panchayati Raj Act, 1994, Sarpanch/Panch as per Section 21 of the Indian Penal Code has been notified as public servant and under the circumstances this is the paramount duty of the Sarpanch that he may execute the village work as per instructions of the department and he should not indulge in such things, vide which the Gram Panchayat may suffer financial loss. It is also relevant to mention here that the village people have elected Sarpanch for the welfare of the village and under the circumstances his responsibility increases. Therefore, u/s 20(1) and (2) of the Punjab Panchayati Raj Act, 1994, Sh. Surinder Singh, present Sarpanch, Sh. Rajpal - Panch, Smt. Kuldip Kaur - Panch, Gram Panchayat, Kalo Majra, Block Rajpura, Distt. Patiala, are suspended from their rank and are restrained from taking part in any proceeding of the Panchayat. Side by side, Sh. Satminder Kumar, Ex-Sarpanch, Sh. Karnail Singh - Ex.Panch and Sh. Harbhajan Singh, Ex.Panch are restrained from taking part in election for the next five years. Block Development and Panchayat Officer, Rajpura, is directed that illegal possession of Panchayat land be removed as per law and side by side proceedings be initiated against the accused Panches/ Sarpaches u/s 16 of the Punjab Panchayati Raj Act, 1994. Besides this the election of the rightful Panch be ensured as per law.
4. However, Financial Commissioner, Respondent No. 1, reversed the orders passed by Additional Deputy Commissioner (Development), Fatehgarh Sahib and the Director, having observed that "In the present case, the Gram Panchayat had passed resolution on 8.1.2010, to file cases u/s 7 of Punjab Village Common Lands (Regulation) Act, 1961, in the Court of Collector and after passing this resolution, cases against persons in illegal possession had also been filed. Therefore, observation of the Director that Panches and Sarpanch are not taking any interest against the persons in illegal possession, is not correct."
5. Learned Counsel for the Petitioners has vehemently argued that although, alleged resolution is passed, however, proceedings u/s 7 of the Act have not been initiated against all the encroachers and alleged resolution is only an eye-wash. Learned Counsel has submitted that the Petitioners are interested in removing all the encroachments from the Panchayat land. He has correctly submitted that u/s 7 of the Act, the Petitioners cannot take any action directly, therefore, the Petitioners shall move a representation before the State Government to nominate an officer to initiate proceedings u/s 7 of the Act against all the encroachers. In the representation, the Petitioners shall also mention the names of all the encroachers of the Panchayat land, therefore, they may be permitted to withdraw this petition.
6. The petitions are dismissed as withdrawn with liberty to the Petitioners to file a representation before the State Government, specifically naming therein the persons, who are in unauthorized possession of the Gram Panchayat land with the request to the State Government to nominate/authorize an officer to initiate proceedings u/s 7 of the Act. If such a representation is moved before the State Government, the State shall authorize an officer to initiate proceedings u/s 7 of the Act against the encroachers, within 30 days, from the date certified copy of this order is placed before the authority.
7. Photocopy of this order be placed on the files of other connected case.
