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2018 Supreme(P&H) 4669

AVNEESH JHINGAN
Yogesh Kumar – Appellant
Versus
State Of Haryana And Others – Respondent


Advocates Appeared:
J.S. Hooda, Advocate, for the Appellant; Sandeep S. Mann, Sr. DAG Haryana, for the Respondent; M.R. Sharma, Advocate, for the Respondent No. 4

JUDGMENT

Avneesh Jhingan, J. (Oral) - The present petition has been filed by Yogesh Kumar son of Gopal Krishan, Sarpanch, Gram Panchayat Nariyala Tehsil Ballabgarh, District Faridabad, for quashing the order dated 08.11.2017, Annexure P1, passed by Principal Secretary, Government of Haryana, Development and Panchayat Department, Chandigarh.

2. Respondent No.1 is State of Haryana; respondent No.2 is Deputy Commissioner Faridabad; respondent No.3 is SDM Ballabgarh, District Faridabad and respondent No.4-Ram Kumar is a private party complainant in the present case.

3. The bare facts necessary for adjudication of the present petition are that respondent No.4 filed a complaint against the petitioner on 12.04.2017 alleging that he being the Sarpanch has misused his post and gave agricultural land of Gram Panchayat on lease by his own Will to a Contractor for mining of sand, for Rs. 20,00,000/- and has caused loss to the Gram Panchayat. The said complaint was inquired into by SDM (Civil) Ballabgarh and the report was given in favour of the petitioner. Respondent No.2 passed an order dated 22.09.2017 in which, by relying upon the inquiry report, the complaint was filed. It would be pertinen

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