Gram Panchayat Thandran vs State of Haryana

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2023 Supreme(P&H) 3503

SURESHWAR THAKUR, KULDEEP TIWARI
Gram Panchayat Thandran – Appellant
Versus
State of Haryana – Respondent

Advocates Appeared:
Mr. Sumit Gujjar, Advocate for Mr. S.S.Dinarpur, Advocate; For the Petitioner
Mr. P.P.Chahar, DAG, Haryana.
Mr. Rajbir Singh Arya, Advocate for Respondents No.6 to 8.

Table of Content
1. issuance of notice under haryana gram panchayati raj act. (Para 1 , 2)
2. breach of natural justice due to lack of notice service. (Para 3 , 4 , 5 , 7 , 8 , 9 , 10 , 11 , 12 , 13)
3. requirements for valid actions by gram panchayat. (Para 14 , 15)
4. final order regarding proceedings. (Para 16)

JUDGMENT

Sureshwar Thakur, J. (Oral)

This order will dispose of CWP-19864-2020 and CWP- 4656-2022, as they being cover common question of law.

2. The Sarpanch of Gram Panchayat, Thandran, village Thandran, Tehsil Pehowa, District Kurukshetra, issued, upon the private respondents herein a notice drawn under Section 24 (1) of the Haryana Gram Panchayati Raj Act , 1994 (in short 'the Act"). The contents of the said notice are extracted hereinbelow:-

"Gram Panchayat has found that you Sh. Gurmukh Singh, 2. Jasbir Singh, 3. Jaswinder @ Dipla sons of Sh. Naib Singh have put up agriculture implements etc. on the vacant land of the gram panchayat with malafide intention to encroach upon the said land and by putting up barbed wire, you have made illegal possession on the gram panchayat land. You are hereby issued a notice under Section 24(1) of Haryana Panchayati Raj Act and you are orde