High Court of Punjab and Haryana, Chandigarh
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Amrik Singh, Sarpanch. v. State of Haryana & Anr. - CWP-13932-2006  RD-P&H 8728 (17 October 2006)
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH.
Civil Writ Petition No. 13932 of 2006.
Date of Decision : Oct. 24, 2006
Amrik Singh, Sarpanch.
State of Haryana and another.
CORAM : Hon`ble Mr. Justice Jasbir Singh,
Hon`ble Mr. Justice Pritam Pal.
Present : Shri Vinod S. Bhardwaj, Advocate, for the petitioner.
Shri S.S.Patter, Sr. DAG, Haryana,
for the respondent-State.
JASBIR SINGH, J. (Oral)
Petitioner, who is a Sarpanch of Village Aandhli, Tehsil and District Kaithal, has filed this writ petition with a prayer to quash order dated 21.6.2006 (Annexure P/2) by which he was put under suspension, and also to quash order dated 8.8.2006 (Annexure P/1), vide which, his appeal was dismissed.
To suspend him, it was allegation against the petitioner that he has failed to take possession of the Gram Panchayat's land from un- authorised occupants.
At the time, when notice of motion was issued, it was Civil Writ Petition No. 13932 of 2006. 2 ..
contended by counsel for the petitioner that when proceedings were pending before the authorities below, possession of the land was taken over by the Gram Panchayat and the land was re-auctioned. This fact has not been controverted by the State counsel, before this Court.
In view of facts stated above, this writ petition is allowed.
Orders under challenge are set-aside. However, it is made clear that if any enquiry is pending against the petitioner, order passed by us today, shall not affect the same.
[ JASBIR SINGH ]
[ PRITAM PAL ]
October 24, 2006 JUDGE
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