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(2026) Law Today Live Doc. Id. 21062 = 2026:PHHC:072534
CWP-23660 of 2025 (O&M)
Decided on: 08.05.2026
Present:
Mr. Rajbir Singh, Advocate and Mr. Sukhdev Singh, Advocate for Mr. Vikram Singh, Advocate for the petitioner.
Mr. Pankaj Mulwani, Sr. DAG, Haryana.
Mr. Ashok Kaushik, Advocate for respondent No.4.
Sarpanch -- Removal from office -- Unauthorized occupation of Panchayat land -- Demarcation conducted pursuant to Court order established encroachment by petitioner and his brother over Panchayat Deh land -- Writ dismissed.
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Haryana Panchayati Raj Act, 1994 (11 of 1994), Sections 51(3), 175(n) -- Constitution of India, Articles 226/227 -- Removal of Sarpanch -- Unauthorized possession of Panchayat land -- Deputy Commissioner removed petitioner from office of Sarpanch on allegation of encroachment over land recorded as Panchayat Deh -- High Court directed demarcation under supervision of SDM in presence of petitioner and stakeholders -- Demarcation report established illegal occupation to extent of 1171 sq. yards by petitioner and his brother -- No merit -- Writ petition dismissed.
(Para 3, 4)
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HARSH BUNGER J. (ORAL) –
1. Prayer in the present writ petition filed under Articles 226/227 of the Constitution of India is for issuance of a writ in the nature of Certiorari for setting aside the order dated 26.11.2024 (Annexure P-13) passed by the learned Deputy Commissioner, Faridabad, vide which the petitioner has been removed from the post of Sarpanch of Gram Panchayat Village Sahupura Khadar, District Faridabad, primarily on the ground that petitioner is in un-authorized possession of land comprised in rectangle No.30, khasra Nos.4 and 7 situated at Village Arua, Tehsil Dayalpur, District Faridabad, which is recorded as ownership of 'Panchayat Deh'.
2. On 27.04.2026, the following order was passed by this Court:-
“Prayer in the present writ petition filed under Articles 226/227 of the Constitution of India is for issuance of a writ in the nature of Certiorari for setting aside the order dated 26.11.2024 (Annexure P-13) passed by the learned Deputy Commissioner, Faridabad, vide which the petitioner has been removed from the post of Sarpanch of Gram Panchayat Village Sahupura Khadar, District Faridabad, primarily on the ground that petitioner is in un-authorized possession of land comprised in rectangle No.30 khasra Nos.4 and 7 situated at Village Arua, Tehsil Dayalpur, District Faridabad, which is recorded as ownership of "Panchayat Deh".
Learned counsel for the petitioner submits that the petitioner is not in possession of even an inch of panchayat land, let alone the land comprised in rectangle No.30 khasra Nos.4 and 7 situated at Village Arua, Tehsil Dayalpur, District Faridabad. He further submits that the petitioner is ready and willing to get the aforesaid area demarcated from any senior official and in case he is found to be in un-authorized possession of the panchayat land, his petition may be dismissed.
Today, petitioner-Sh. Tara Chand is present in the Court and has been duly identified by his counsel and has also made a similar statement before the Court.
On the other hand, learned State counsel as well as learned counsel for respondent No.4 have not opposed the aforesaid course being adopted.
Keeping in view the above, let the area comprised in rectangle No.30 khasra Nos.4 and 7 situated at Village Arua, Tehsil Dayalpur, District Faridabad, be demarcated by the revenue authorities under the supervision of the Sub Divisional Magistrate, Ballabgarh and a report in that regard be placed before this Court on or before the next date of hearing. It is made clear that the aforesaid demarcation be carried out in the presence of the petitioner as well as all other stake holders. List on 07.05.2026.”
3. In compliance of the aforesaid order dated 27.04.2026, learned State counsel has produced a report in the sealed envelope, which was opened in Court today and is taken on record, subject to all just exceptions. The aforesaid report submitted by learned Sub-Divisional Officer, Ballabhgarh, clearly records that the site/land, comprised in rectangle No.30, khasra Nos.4 and 7 was demarcated on 04.05.2026 in the presence of the petitioner as well as respectable persons of the village; and upon demarcation it has been found that Tara Chand (petitioner) and his brother Davinder Pal have illegally occupied area to the extent of 1171 sq. yards, comprised in rectangle No.30, khasra Nos.4 and 7.
4. Once, the unauthorized possession of the petitioner has been found on the land comprised in rectangle No.30, khasra Nos.4 and 7; accordingly in pursuance to the aforesaid order dated 27.04.2026, and upon considering the submissions raised on behalf of the learned counsel appearing for the petitioner, I find no merit in the instant writ petition, and the same is accordingly dismissed.
5. All the pending application(s), if any, shall also stand closed.
Petition dismissed.
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