KISHORE SINGH Vs. SUB-DIVISIONAL OFFICER

JUDGEMENT

(1.) This is a petition under Articles 226/227 of the Constitution. The undisputed facts are that 4 Killas and 6 Kanals of common land in the revenue estate of Thare Singh Wala Uttar vesting in Gram Panchayat Balel Ke Hasal Block Guru Har Sahai, was leased out for a period of one year by the Gram Panchayat at a public auction held on April 21, 1971, in favour of the petitioner, who was the highest bidder. The petitioner paid the advance deposit in accordance with the terms announced at the spot to the Secretary of the Panchayat in the presence of the Sectional Officer. Possession of the leased land was also duly delivered to him after getting the lease-deed executed. Surjan Singh, Balwant Singh and some others made applications to the Deputy Commissioner and Chairman Block Samiti, alleging that the auction should be re-held, and alleged irregularities in the previous auction.

(2.) On May 17, 1971, without calling upon the petitioner to show-cause against cancellation of the lease in his favour, and without any further inquiry, the Sub-Divisional Officer ordered fresh auction of the lease. The fresh auction was accordingly held on May 18, 1971, declaring Tula Singh as the new lessee.

(3.) The petitioner challenges this order of re-auction, inter alia on the grounds, (a) that no opportunity whatever was given to the petitioner to show-cause as to why the lease be not cancelled, and (b) that no order cancelling the lease in favour of the petitioner was ever passed, and, as such, the mandatory provisions of Section 10-A of Punjab Village Common Lands (Regulation) Act, 1961 , (hereinafter referred to as the Act) were honoured in breach. In the affidavit filed on behalf of the respondents, it is admitted that the Sub-Divisional Officer did not issue any show-cause notice to the lessee before ordering re-auction. It is added that though the Sub-Divisional Officer did not use the word 'cancelled' specifically, yet the order of re-auction implied cancellation of the lease in favour of the petitioner. Section 10-A of the Act gives power to the Collector to cancel leases of land vested in the Panchayat. Under sub-section (1) of that Section, the Collector may call for the records and examine the same for satisfying himself as to the legality or propriety of such lease. If on such examination, he finds sufficient reasons for cancelling the lease, then he can do the same under sub-section (2). But there is a proviso to that sub-section which reads as follows :-