IN THE HIGH COURT OF PUNJAB & HARYANA, CHANDIGARH Civil Writ Petition No.6551 of 2009 Date of Decision: April 30, 2009 Gurmal .....PETITIONER(S) VERSUS Deputy Commissioner, Palwal & Others .....RESPONDENT(S) . . . CORAM: HON'BLE MR. JUSTICE AJAI LAMBA PRESENT: - Mr. B.S. Tewatia, Advocate, for the petitioner. . . . AJAI LAMBA, J (Oral) Learned counsel contends that respondent No.3 (Sarpanch) has been in illegal possession of/ has encroached upon, a land comprising in Khasra No.209 as also 4 acres of Nazul land. On the matter having been initiated, show cause notice was given for Khasra No.209 only. When the Deputy Commissioner considered the issue, however, the Sarpanch was removed while taking into account the allegations of encroachment upon 4 acres of Nazul land also. The respondent-Sarpanch filed an appeal which has been allowed in view of the fact given out above viz show cause notice had not been CWP No.6551 of 2009 [2] issued in regard to the encroachment upon 4 acres of Nazul land. Learned counsel has pointed out that the Financial Commissioner, while concluding the order has held in the following terms:- “However, the Deputy Commissioner shall be at liberty to take action against the Sarpanch for alleged unauthorized possession of Nazul land following due process of law.” Learned counsel contends that the respondent-Sarpanch continues to encroach upon Nazul land. Despite the fact that the Financial Commissioner & Principal Secretary to Government of Haryana, Development & Panchayat Department, vide Order dated 21.8.2007, gave liberty to the Deputy Commissioner to take action after following due process of law, no action has been taken by the Deputy Commissioner. Representations have been made, however, without any result. Notice of motion to State. Mr. Sunil Nehra, Assistant Advocate General, Haryana, on the asking of the Court, accepts notice on behalf of respondent Nos.1 and 2. Copy of the petition has been given to him. The matter is being disposed of without issuing notice to the other respondent(s) in view of the nature of controversy. Having considered the facts and circumstances of the case, I hereby direct the Deputy Commissioner, Palwal, to take note of the representation (Annexure P-8) made by the petitioner CWP No.6551 of 2009 [3] and follow due process of law. All the concerned parties including the respondent-Sarpanch would be heard before any action is initiated. Needful be done within 6 months of receipt of a certified copy of the order. Anything said hereinabove would not be construed as an opinion or observations on the merits of the case. The petition is disposed of with above directions. (AJAI LAMBA) April 30, 2009 JUDGE avin