JUDGMENT :

Sureshwar Thakur, J.

CWP-9145-2024

1. Through the instant writ petition, the petitioner has prayed for the issuance of a writ in the nature of Certiorari, seeking therebys the quashing of the order dated 13.4.2024 (Annexure P-11) passed by respondent No.3, wherebys, respondent No.3 has constituted a four member committee consisting of respondent Nos.4, 6, 7 and 9, thus to enquire into the matter, as to whether the respondent No. 10 is in unauthorized possession of the gram panchayat land, albeit this action of the respondent No. 3 is illegal, unjust, improper, unconstitutional as well as violative of the provisions of Section 177 (2) of Haryana Panchayati Raj Act, 1994 (hereinafter referred to as the Act of 1994') and Section 13 C and 13 D of The Haryana Village Common Lands (Regulation) Act, 1961 (hereinafter referred to as the Act of 1961') as the respondent No.3 has no authority under any law to interfere with the order dated 09.04.2024 passed by respondent No.2 (Annexure P-9), rather as per provision of Section 177 (2) of the Act of 1994, the only remedy with respondent No. 10, is to file an appeal before the government against the order (Annexure P-9). However, instead of following the procedure as contemplated under the provision of Section 177 (2) of the Act of 1994, the respondent No.10, who is a Member of Zila Parishad, Nuh, by using his political dominion, ensured the interference of respondent No.3 in the matter, merely to ill tinker with the judicial order (Annexure P-9).

2. He has further prayed for the issuance of a writ in the nature of mandamus, thus directing the respondent Nos. 3 to 9, rather to not take any further action on the basis of order/letter dated 13.4.2024 (Annexure P-11), as they have no power/ authority under any law to interfere with the order of their higher authority i.e. respondent No.2, who has passed Annexure P-9. CWP-10993-2024

3. Through the instant writ petition, the petitioner has prayed for the issuance of a writ in the nature of Certiorari, seeking therebys the quashing of the order dated 26.04.2024 (Annexure P-15) passed by respondent No.l, whereby the statutory appeal filed by respondent No.10 has been accepted and order dated 09.04.2024 (Annexure P-9) passed by respondent No.3, whereby the respondent No.10 has been declared as disqualified and removed from the post of Member Ward-19, Zila Parishad Nuh, under Section 177 of the Haryana Panchayati Raj Act, 1994, (hereinafter referred to as the Act of 1994'), has been set aside, only on the ground of benefit of doubt' given to respondent No.10 but in an illegal, unjust, improper, cavalier and slipshod manner, as the impugned order (Annexure P-15), itself suffers from an illegality and perversity and the same is politically motivated and is not legally sustainable in view of order dated 01.05.2024 (Annexure P-16) and the provisions of the Act of 1994. Indubitably, since the disqualification of the respondent No. 10 becomes well proven vide orders (Annexure P-9 and P-16). Therefore, respondent No.10, whose possession/ encroachment upon the Gram Panchayat's land has been proved way-back in the year 2004, through the passing of the yet unsuccessfully challenged Annexure P-3, rather is required to be entailed with the statutory disqualification.

4. Since a common question of law is involved in both the writ petitions, therebys both the writ petitions are amenable to become decided through a common verdict becoming made thereons.

For the sake of brevity the facts are taken from CWP-9145-2024

5. Though this Court had through a verdict made on 01.05.2024, upon CWP-9145-2024, whereins, the hereinafter extracted reliefs were canvassed, rather kept in abeyance the operation of Annexure P-12, till a decision on a time barred statutory appeal becomes made by the competent Appellate Authority concerned. However, the said passed judgment became challenged before the Apex Court. On the apposite SLP(Civil) No.11113/2024 the hereinafter extracted or