CAPT AMAR SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Briefly the case of the petitioner is that he is a resident of village Narika, district Sangrur. It is stated that the Gram Panchayat, Narika is owner of 219 Bighas 11 Biswas of Kallar land situate in that village. In May, 1977, the petitioner who was serving in the military as a Captain, retired and he decided to settle in his village. The Gram Panchayat auctioned that land on July 2, 1977. The petitioner took it for three years on a yearly rent of Rs. 900/-. It was agreed at the time of the auction between the parties that in case an electric motor was installed before Hari, in that eventuality the land would be auctioned afresh and if it was not installed, the bid would stand for three years. It is stated that the Gram Panchayat did not install the electric motor by Hari, 1978, therefore, the petitioner became entitled to retain its possession till July 2, 1980.

(2.) It is then stated that in view of the fact that the Gram Panchayat did not install the electric motor, the petitioner reclaimed the Kallar land at a cost of Rs. 35,000/-. Fresh elections to Gram Panchayat Narika took place after the lease of the land was given to the petitioner. On March 30, 1979 the newly elected Gram Panchayat passed a resolution for the cancellation of the lease agreement dated July 2, 1977. It also referred the case to the District Development and Panchayat Officer, Sangrur under Section 10-A of the Punjab Village Common Lands (Regulation) Act, 1961 for cancellation of the lease on the ground that it had got installed an electric motor on March 31, 1979 i.e. before Hari, 1979. It is alleged that without waiting for the decision of the case by the District Development and Panchayat Officer, it passed the resolution on May 6, 1979 by which it leased out the land to respondents 5 to 12. Subsequently the District Development and Panchayat Officer, Sangrur vide order dated May 23, 1979 (copy Annexure P-7), cancelled the lease dated July 2, 1977. The petitioner had filed an application before him under Section 97 of the Act for suspension of the resolution dated May 6, 1979. He also dismissed that application on the same day vide order Annexure P. 7/A.

(3.) On June 4, 1979 he filed an appeal against the order Annexure P-7 of the District Development and Panchayat Officer before the Commissioner, Patiala who transferred it to the Joint Director, Panchayats Chandigarh. He dismissed the appeal on October 15, 1979 (copy Annexure P-11).