IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CWP-19264-2024 (O&M)

Date of decision :11.03.2025 KARAN SINGH …Petitioner Versus STATE OF HARYANA AND OTHERS …Respondents CORAM: HON’BLE MR. JUSTICE HARSH BUNGER Present : Mr. Monit Pal Singh, Advocate and Mr. Abhimanyu Singh, Advocate for the appellant.

Ms. Upasana Dhawan, A.A.G., Haryana.

Mr. Amit Jain, Advocate for caveator/respondent No.4.

HARSH BUNGER, J.

Petitioner (Karan Singh) has filed the instant writ petition under Articles 226/227 of the Constitution of India, inter alia, seeking a writ in the nature of certiorari for setting aside the order dated 31.08.2020 (Annexure P-1) passed by the learned Collector, Gurugram; whereby, the petitioner has been removed from the post of lambardar of Village Badshahpur Thethar, Tehsil Sohna, District Gurugram.

A further prayer has been made for setting aside the order dated 15.12.2022 (Annexure P-2) passed by the learned Commissioner, Gurugram Division, Gurugram and order dated 01.07.2024 (Annexure P-3) passed by the learned Financial Commissioner, Haryana; whereby, an appeal and revision filed by the petitioner against the Collector’s order (Annexure P-1) has been dismissed.

2. Briefly, the petitioner was appointed as the lambardar of Village Badshahpur Thethar and had been working on the said post for the last more than 22 years. Respondent no.4-Naresh Kumar, who is stated to be the husband of Smt. Kavita Devi (the acting Sarpanch of the Village) submitted a complaint against the petitioner that he had encroached upon the shamlat land/rasta comprised in khasra No.57.

2.1 On receipt of the afore-said complaint, the learned Deputy Commissioner, issued a show cause notice to the petitioner; whereupon, the petitioner submitted his reply, inter alia, raising a plea that the complaint had been made against him on account of party faction in the village and there was nothing adverse against him.

2.2 It appears that the learned Deputy Commissioner-cum- Collector, Gurugram, vide order dated 31.08.2020 (Annexure P-1) removed the petitioner from the post of lambardar, by observing as under :-

“6. After hearing the arguments of both the sides and examining the Misal, it was found that Shri Karan Singh, Lambardar etc. have illegally occupied the land of Gram Panchayat, Badshahpur Thethar by building a boundary wall, due to which the people of the village face a lot of trouble in commuting. By illegally occupying the land of Gram Panchayat by building a boundary wall, Shri Karan Singh, Lambardar has been negligent in his work and has not discharged his duties properly. Due to this reason, Shri Karan Singh Lambardar is not eligible to continue on the post of Lambardar. Therefore, I, as per Punjab Land Revenue Rules, Section 16(f) and Standing Order No.73 of Additional Chief Secretary and Financial Commissioner, Revenue and Disaster Management Department, Chandigarh, pass an order to remove Shri Karan Singh, Lambardar from the post of Lambardar due to negligence in his work and not discharging his duties properly and to remove him from the post of Lambardar and Block Development and Panchayat Officer Sohna is hereby directed to take immediate necessary action to remove illegal occupation from Panchayat land by filing a case under Section 7 of Punjab Village Common Land Act, 1961 in the court of Sub Divisional Officer (Civil) authorized Assistant Collector First Class, Sohna, Tehsildar Sohna, Block Development and Panchayat Officer, Sohna and Police Station Officer Incharge, Sohna should be informed of this order.”

2.3 Feeling aggrieved against the Collector’s order (Annexure P-1), the petitioner preferred an appeal before the learned Commissioner, Gurugram Division, Gurugram, which was dismissed vide order dated 15.12.2022 (Annexure P-2).

2.4 A further revision petition (ROR-66-2023) filed by the petitioner before the learned Financial Commissioner, has also been dismissed vide order dated 01.07.2024 (Annexure P-3). Hence, the present writ petition.

3.