GRAM PANCHAYAT Vs. COLLECTOR

JUDGEMENT

(1.) This writ petition has been filed against the order of the Collector dated 15.9.1994. In order to appreciate the controversy it is necessary to have a brief look at the facts of the case.

(2.) The Gram Panchayat -petitioner in the present petition filed an application Under Sec. 7(2) of the Punjab Village -Common Lands (Regulation) Act for ejectment of the tenant -respondent No. 3 on the ground that disputed land measuring 38 kanals 18 marlas was given to him on lease as a result of his being highest bidder, in the open auction for a period of one year i.e. 1990 - 91 and that he became unauthorised occupant of the land after the expiry of the term of lease. The learned Assistant Collector vide his order dated 31.5.1994 ordered the ejectment of respondent No. 3. He was further directed to pay a penalty of Rs. 5,000/ -per hectare. Respondent No. 3 filed an appeal before the Collector, Kurukshetra. Before the Collector, Kurukshetra, respondent No. 3 made the following statement;

(3.) Learned counsel for the petitioner has argued that the Sarpanch never conceded to the claim of respondent No. 3 and that it was the Law Officer who made the concession and he had no jurisdiction to concede. He has further argued that the land of the Gram Panchayat could be given on lease only by way of an open auction. Our attention has been drawn to the rule 6 of the Punjab Village Lands (Regulation) Act which reads as under: