ANIL KUMAR Vs. GRAM PANCHAYAT, VILLAGE, KALRON

JUDGEMENT

(1.) This revision has been filed under Article 227 of the Constitution of India seeking to set aside the orders passed by the trial Court upheld in appeal by the appellate Court, declining the prayer for grant of temporary injunction during pendency of the suit.

(2.) The petitioner-plaintiff was given 97 kanals 4 marlas of the land on lease by the respondent-Gram Panchayat, in an open auction for the period from 28.05.2012 to 31.05.2013 for lease money of Rs. 2,43,500/- which he deposited with the then sarpanch. It was the version of the petitioner that he is in possession of the suit land since the year 1999 and has presently sown wheat crop by spending a huge amount of Rs. 2 lacs. He has also installed tube- well connection bearing account no. AP-1208. One Surinder Singh alongwith others filed an application under Section 10-A of the Punjab Village Common Lands (Regulation) Act 1961 as applicable to Haryana (for short 'the Act of 1961') for cancellation of the auction against Shekhar the then Sarpanch. That application was allowed and auction was cancelled vide order dated 15.11.2012 passed by the Assistant Collector. The said order is stated to be not binding on the rights of the petitioner-plaintiff. Shekhar aforesaid was removed from the post of Sarpanch of the Gram Panchayat and now Surinder Kumar is acting as Sarpanch who is trying to dispossess the petitioner-plaintiff from the suit land and auction the same further, which necessitated filing of the suit for injunction and prayer was made for ad interim injunction during pendency of the suit.

(3.) The respondent contested the claim on the ground that irregularities in the lease granted in favour of 14 to 15 persons were found and the auction was cancelled.