HAZURA SINGH Vs. SUB-DIVISIONAL OFFICER (C) MUKTSAR

JUDGEMENT

(1.) This order will dispose of Civil Writs Nos. 5130, 5131,. 5132 and 5134 of 1974. Although the petitioners in all the four writ petitions are different, yet the respondents are the same and the dispute regarding the auction of land also relates to the same Gram Panchayat, so it will be convenient to dispose them of by a single order.

(2.) The Gram Panchayat Chibranwali, respondent No. 2, in a meeting held on 9th April, 1974, decided to auction the Panchayat land on 23rd April, 1974, for the agriculture year 1974-75. This resolution of the Panchayat was promulgated in the village by beat of drum through Gurdial Singh Chowkidar. The auction could not take place on 23rd April, 1974, as few persons only came to participate in the auction and it was decided by the Panchayat that another attempt be made and auction be held on 29th April, 1974. Due publicity was also made for this auction, which was fixed for 29th April, 1974, through the beat of drum. The auction took place on 29th April, 1974. In the auction, all the petitioners gave the highest bid. The petitioner in writ petition No. 5130 of 1974 made the highest bid with respect to the plot measuring 105 Kanals for Rs. 4,290/- which was accepted and accordingly he deposited one- fourth of the auction money also at the spot. Auction proceedings were duly signed by Harbans Singh Sarpanch, Harchand Singh, Yugraj Singh, Mukand Singh and Punjab Kaur, members of the Panchayat. Similarly petitioners in other writ petitions deposited one-fourth of the auction money and in their cases also the proceedings were signed by he said Panches. In pursuance of the bids, lease deeds were executed between the petitioners and the Panchayat, and the petitioners were also given possession of the respective lands. The remaining three-fourths of the lease money was paid to the Sarpanch of the Gram Panchayat on 14th May, 1974. These facts are not controverted by the respondents either by way of written statement or otherwise.

(3.) Later on, a complaint was made by respondent No. 3 against the Sarpanch that the auction held on 29th April, 1974, was irregular and was an act of favouritism. This complaint was made to the Sub Divisional Officer, Muktsar. The Sub Divisional Officer, purporting to exercise powers under section 97 of the Punjab Gram Panchayat Act, set aside the auction on 28th August, 1974, without affording any opportunity to the petitioners. No notice was sent to the petitioners although the Gram Panchayat did appear on 28th August, 1974. Aggrieved by this order of Sub-Divisional Officer dated 28th August, 1974, the petitioners filed four separate writ petitions.