IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. C.W.P. No. 16406 of 2008 DATE OF DECISION : 16.09.2008 Smt. Saroj Devi .... PETITIONER Versus The State of Haryana and others ..... RESPONDENTS CORAM :- HON'BLE MR. JUSTICE SATISH KUMAR MITTAL HON'BLE MR. JUSTICE JASWANT SINGH Present: Mr. Vikram Singh, Advocate, for the petitioner. * * * SATISH KUMAR MITTAL , J. ( Oral ) The petitioner, who is Sarpanch of Gram Panchayat, Village Nangal Kheri, Tehsil and District Sonepat, has filed this petition under Articles 226 and 227 of the Constitution of India, for issuance of direction to the Deputy Commissioner, Sonepat and the Block Development and Panchayat Officer, Block Rai, District Sonepat, respondents No.2 and 3 respectively, to decide the complaints dated 27.6.2008 and 9.7.2008, filed by the petitioner against respondents No.4 and 5, who are Members of the aforesaid Gram Panchayat. We have heard counsel for the petitioner and have gone through the aforesaid complaints, annexed with this petition, which have been filed by the petitioner against the aforesaid two respondents. CWP No. 16406 of 2008 -2- The allegation in the complaints is that respondents No.4 and 5 have illegally encroached upon the land of the Gram Panchayat, therefore, action should be taken against them. In our opinion, the petitioner who is the Sarpanch of the Gram Panchayat, is under a duty to file the ejectment application under section 7 of the Punjab Village Common Land (Regulations) Act, 1961 (hereinafter referred to as `the Act') against all those persons, who are in illegal occupation of the Gram Panchayat land. If respondents No.4 and 5 are in illegal possession of the land of the Gram Panchayat, then ejectment application should have been filed against them under section 7 of the Act. The petitioner herself has failed in her duty to file such application. If the same is filed, then it can be found as to whether respondents No.4 and 5 are in illegal possession of the Gram Panchayat land or not. Thus, instead of filing the ejectment application, the petitioner has filed complaint against the Members of the Gram Panchayat. In these circumstances, it appears that the petitioner has filed this petition with an oblique motive just to settle her scores against 2 Members of the Gram Panchayat, who are opposing her. Therefore, we are not inclined to entertain this petition. Dismissed. ( SATISH KUMAR MITTAL ) JUDGE September 16, 2008 ( JASWANT SINGH ) ndj JUDGE