IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH C.W.P. No. 18426 of 2008 Date of Decision: 23.10.2008 Geja Singh and others ....Petitioner Versus State of Punjab and another ...Respondents CORAM : Hon'ble Mr. Justice J.S. Khehar. Hon'ble Ms. Justice Nirmaljit Kaur Present:- Mr. S.S. Toor, Advocate for the petitioners. NIRMALJIT KAUR, J. Only eight residents of Village Palheri, Tehsil Kharar, District Mohali, have challenged the resolution dated 08-01-2008 passed by its Gram Panchayat vide which 27 acres of land has been donated to Navodya Society for the construction of School for the benefit of education which would be in the interest of the Village. This resolution was challenged before the Director, Rural Development and Panchayat who dismissed the petition vide its order dated 30-07-2008. The said resolution has been challenged on the ground that the said land is a bachat land and the proprietors are cultivating the same. Further the Sarpanch had obtained the signatures of the members by mis-representation and the said resolution is in contravention of Rules, framed under the Panchayati Raj and the land left for common purposes cannot be leased or sold by the Gram Panchayat. Learned counsel for the petitioner was heard. C.W.P. No. 18426 of 2008 -2- However, we do not agree with the arguments so raised. As per the entry in the column of ownership, the Jamabandi for the year 1943-44 (Annexure P-1), attached by the petitioner, the land has been shown in the name of Shamilat deh, Jar Khewat. Similar entry is made even in the Jamabandi for the year 1956-57. The petitioners claim of the land as owners, being proprietors of the Village, is therefore not acceptable. The petition under Section 11 has been moved only after the resolution dated 08-01-2008 i.e. on 11-02-2008. It is admitted in the petition itself that the land is mutated in the name of the `Gram Panchayat Deh'. Thus, the argument that the same requires to be corrected, appears to be an afterthought as nothing has been done till date to make any such correction. In fact, in para 7 of the petition itself, it is mentioned that the land has not been divided and utilised but has been left for common purposes. If that being so, the petitioners cannot say that the said land is Bachat land. The resolution dated 08-01-2008 has been passed after obtaining signatures of all the Panches. Thus, all the Panches are responsible for their signatures and the petitioners cannot turn around to say that the same have been obtained by mis-representation. There is nothing on record to show that there was any mis-representation on the part of the Sarpanch, while passing the said resolution. In fact, the allegation in the petition is that the Sarpanch had obtained the signatures on the resolution of the Gram Panchayat by mis-representing to the effect that the resolution is being passed to up-grade the School. However, on reading of the resolution, it shows that the object behind the resolution was for high level education. C.W.P. No. 18426 of 2008 -3- A perusal of the resolution shows that the Gram Panchayat had a total of 491 Kanals of land, out of which, 25 acres i.e 01 Kanal 17 Marlas is donated to Navodya Society. It is further mentioned that the Gram Panchayat after donating the land, has still more than 50% of the land with it. The donation of the land to Navodya Society will help the cause of education. Thus, to say that the resolution is against the interest of the residents of the Village is mis-conceived. There appears to be no mis-representation. The very petition is misconceived, and in fact to defeat a very laudable cause and action of the Gram Panchayat which is, in fact, in the interest of the Village and for the benefit of education. The writ is, accordingly, dismissed being devoid of merits. (NIRMALJIT KAUR) JUDGE (J.S. KHEHAR) JUDGE October 23, 2008. gurpreet