CHANCHAL SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Chanchal Singh and 11 others through present petition filed by them under Article 226 of the Constitution of India seek issuance of writ in the nature of certiorari so as to quash order, Annexure P-11 and other similar orders issued to the petitioners and in consequence of setting aside of the orders aforesaid, to stay eviction of the petitioners from the plots that they had obtained on lease from Panchayat Samiti, Jandiala Guru. District Amritsar-second respondent herein.

(2.) Brief facts, as projected in the petition and relevant for deciding the controversy in issue, reveal that in February and May, 2000 the second respondent leased plots for ten years for business purposes after publicity for the plots, subject-matter of auction was done. The plots were of the size of two kanals. The petitioners being the highest bidders in the auction and having paid non-refundable security and advance lease money for one year, were handrd-over the possession by the Samiti after executing lease deeds. The petitioners commenced construction of boundary walls, stores, office etc. after filling up the low lying land at huge cost. Some of the petitioners even completed construction upto roof level. On 3/08/2000 the police of Jandiala Guru police station, at the behest of political rivals of the petitioners, came and demolished part of boundary wall of plot No. 3 of Smt. Soman Wati and threatened others to vacate the possession or face the dire consequences. It is the case of petitioners that this was done without issuance of any show cause notice for cancellation of the lease. Constrained, CWP No. 10271 of 2000 came to be filed in this Court challenging the forcible dispossession of petitioners at the hands of police on 7/08/2000. Despite knowledge of the orders passed by this Court, restraining the respondents not to dispossess them, respondents once again overtook demolition work of some of the properties of plot holders at odd hours. The Division Bench of this Court took notice of the aforesaid act and ordered restoration of demolished construction. However, ultimately writ petition was decided on 6/10/2000 and counsel for the State conceded that no action of eviction shall be taken without issuance of show cause notice to the petitioners. On 24/12/2000 show cause notices were issued to the petitioners which were received on 1/01/2001. These notices contained the allegation of connivance of petitioners with the Samiti authorities and violation of the Punjab Panchayat Samities and Zila Parishad (Sale, lease and other alienation of property and public places) Rules, 1964. Constrained, once over again, the petitioners filed CWP No. 208 of 2001 challenging the show cause notices. However, the said writ petition was dismissed as withdrawn enabling the petitioners to file reply to the show cause notices. The impugned order, Annexure P-11 and similar other then came to be passed by the Financial Commissioner and Secretary to Government of Punjab, Rural Development Department. It is this order and other similar orders, which, as mentioned above, have been challenged in the present petition.

(3.) Before we might proceed any further in the matter, we would like to mention the ultimate directions that came to be issued in the first writ petition bearing No. 10271 of 2000 which read as follows :-