C.R. No. 2066 of 2009 [1] IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. C.R. No. 2066 of 2009 Date of Decision: August 17, 2009 Meer Singh, Ex. Sarpanch and another …..Petitioners Vs. Gram Panchayat Village Basdi and others …..Respondents CORAM: HON’BLE MR. JUSTICE M.M.S. BEDI. -.- Present:- Mr. J.P. Sharma, Advocate for the petitioners. Mr.R.K. Aggarwal, Advocate for respondent No.1. -.- M.M.S. BEDI, J. (ORAL) This order will dispose of Civil Revision filed by the plaintiff- petitioners aggrieved by the order dated March 24, 2009 passed by Additional District Judge, Narnaul, setting aside the order dated October 24, 2008 passed by Civil Judge (Junior Division), Mohindergarh. Vide order dated October 24, 2008, Civil Judge (Junior Division), Mohindergarh, in a suit filed by the plaintiff- petitioners against Gram Panchayat and the C.R. No. 2066 of 2009 [2] Panchayat authorities passed interim order allowing the application of the plaintiff- petitioners under Order 39 Rules 1 and 2 CPC and restrained the defendant- respondent No.1 Gram Panchayat from raising construction of Panchayat Ghar in Killa No. 55//8, 13 as Khasra No. 98 had been reserved for the purpose of Panchayat Ghar as per the scheme of the consolidation. The Lower Appellate Court in appeal filed by Gram Panchayat set aside the order observing that if site for raising Panchayat Ghar is changed by Gram Panchayat, it will not, in any manner, caused irreparable loss to the plaintiff- petitioners and that Gram Panchayat has got a right to use Shamlat land in the interests of the villagers. Counsel for the plaintiff- petitioners has vehemently argued that the defendant/ respondents No.2 to 6 in their written statement have specifically admitted that Khasra No.98 has been reserved for Panchayat Ghar and that even foundation has already been laid. It was contended that the lower Appellate Court has acted illegally in permitting the Gram Panchayat to construct Panchayat Ghar in a khasra number which is not reserved for Panchayat Ghar, as it goes contrary to the scheme of the consolidation. On the other hand, counsel for respondent No.1- Gram Panchayat submitted that during the pendency of the proceedings, an application under Section 24 of the Consolidation Act, 1948, was moved before the Director Consolidation, Haryana, and vide order dated November 18, 208, the Director Consolidation has modified the scheme of consolidation and allotted Killa No. 55//13 measuring 4 kanals for gair C.R. No. 2066 of 2009 [3] mumkin Panchayat Ghar in place of Qilla No. 98 measuring 3 kanals 8 marlas. Copy of the order dated November 18, 208 has been placed on record. Counsel for the petitioners submits that this document has come into existence during the pendency of the proceedings as such the same cannot be relied upon. It was also argued that this order is not in the knowledge of the petitioners. After hearing counsel for the parties and going through the facts and circumstances of the case, it is prima facie established that the scheme of Consolidation reserving Qilla No.98 has been changed. Now Qilla No. 55//13 (4-0) has been reserved for Panchayat Ghar. It is apparent from the order that funds for raising construction of Panchayat Ghar have been received. The construction was stalled on account of the Civil suit filed by the plaintiff- petitioners and on account of the interim injunction granted by the civil Court. In view of the changed circumstances, plaintiff- petitioners seem to have no prima facie case for obstructing the construction of Panchayat Ghar in Qilla No.55/13 (4-0). Revision petition is thus dismissed. August 17, 2009 (M.M.S.BEDI) sanjay JUDGE