C.W.P. No.6469 of 1992 -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH C.W.P. No.6469 of 1992 Date of Decision : 10.05.2011 Sarjit Singh Nehra …Petitioner Versus State of Haryana and another …Respondents CORAM: HON'BLE MR. JUSTICE AJAY TEWARI -.- Present: Mr. R.K. Malik, Sr. Advocate with Mr. Surya Partap Singh, Advocate for the petitioner. Ms. Shalini Attri, D.A.G., Haryana. *** AJAY TEWARI, J. (ORAL) By this petition the petitioner has challenged the show cause notice (Annexure P-2) issued to the petitioner. The respondent No.2 issued the show cause notice to the petitioner as to why he should not be removed from office of Lambardari since he was in unauthorized possession of land measuring 5 kanals 16 marlas. It is not disputed that the land in dispute was described as Jumla Mustarka Malkan. In reply it is averred that as per the amendment of 1992 C.W.P. No.6469 of 1992 -2- the land in dispute is vested in the Gram Panchayat and therefore the petitioner was in unauthorized possession of the land belonging to the Gram Panchayat. It has also been averred that the petition against show cause notice was not maintainable since the petitioner could have ample opportunity to file reply. Learned senior counsel has however argued on the basis of the decision of the Full Bench in the matter of Jai Singh and others v. State of Haryana reported in P.L.R. Vol.CXXXIV (2003-2) 658 that the land which is described as Jumla Mustarka Malkan cannot be treated to be vesting in the Government or the Panchayat. I find that the pleadings in this regard are not complete. In the circumstances, I dispose of this writ petition with liberty to the petitioner to now file a reply to the show cause notice and to take all pleas which may be available to him in this regard. ( AJAY TEWARI ) May 10, 2011 JUDGE ashish