LACHHMAN DASS Vs. DISTRICT DEVELOPMENT AND PANCHAYAT OFFICER

JUDGEMENT

(1.) Lachhman Dass, petitioner herein, through present petition filed by him under Art. 226 of the Constitution of India, seek issuance of writ in the nature of mandamus directing the Gram Panchayat of village Pattran, the second respondent herein, to deliver him the possession of the land which had been leased out to him on 6-12-1999 and to quash resolution dated 12-7-2001, Annexure P-5, whereby, said lease has been cancelled or in the alternative, to refund the lease money deposited by him on 6-12-1999 along with interest at the rate of 24% per annum.

(2.) With a view to obtain possession and alternative relief, as mentioned above, all that has been pleaded is that the petitioner had taken Shamlat land on lease on 6-12-1999 and Rs. 35,000/- had been deposited, by him towards lease money. However, possession of the land had not been handed over to him till date. In the revenue record, Gauhsala has been shown in possession of the land in the dispute. Entry in favour of Gaushala was made on the basis of a report made by the Gram Panchayat to the Patwari. Although, the possession was not delivered to the petitioner yet the Gram Panchayat vide resolution dated 12-7-2001 has cancelled the lease in his favour and has instituted a petition for his ejectment. Thus, neither the possession of the land has been given to the petitioner nor the money deposited by him has been refunded. It is in the facts, as given above, that a prayer had been made for quashing resolution dated 12-7-2001 and for a direction to the Gram Panchayat either to deliver the possession of the land to the petitioner or in the alternative, to refund the lease money with interest, as mentioned above.

(3.) When the matter came up for motion hearing, the Honble Bench, then seized of the matter, passed the following order on 4-2-2002 :