DEVINDER SINGH Vs. COLLECTOR

JUDGEMENT

(1.) THIS writ petition under Article 226 of the Constitution of India has been preferred by the petitioner for issuance of a writ in the nature of certiorari for quashing the impugned orders dated 24th December, 1992 (Annexure P -l) passed by the Assistant Collector, 1st Grade, Yamuna Nagar, and dated 7th July, 1993 (Annexure P/2) passed by Collector, Yamuna Nagar whereby lease given in auction to the petitioner has been upheld for three years but the area of land has been reduced from 18 acres to 10 acres and auction money has been increased from Rs. 6200/ - to Rs. 10,000/ -.

(2.) IN brief, the facts are that panchayat land of village Bangar, Block Chhauchhrauli, Tehsil and District Yamuna Nagar, was put to auction by the Administrator on 1st September, 1992. Petitioner along with others gave bid in the said auction. As his bid of Rs. 6200/ - was highest, he was given on lease land measuring 18 acres for a period of three years. Land in question was Banjar in nature. Respondent No. 3 who neither had participated, nor was present at the time of auction, filed a complaint before the District Development and Panchayat Officer (in short the D.D.P.O.), Yamuna Nagar, for cancellation of lease granted in favour of the petitioner. In the complaint, he stated that land has been given to the petitioner at a lower rate, whereas he is willing to pay more. On the basis of the complaint, the D.D.P.O. exercising the powers of Assistant Collector vide order dated 24th December, 1992 accepted the complaint in part and increased the lease money from Rs. 6200/ - to Rs. 10,000/ - per year and reduced the duration of lease from three years of one year. Feeling aggrieved against the order of Assistant. Collector, respondent No. 3 as well as the petitioner filed an appeal before the Collector, who vide order dated 7th July, 1992 increased the duration of lease from one year to three years, but decreased the area of land from 18 acres to 10 acres, and increased the auction money from Rs. 6200/ - to Rs. 10,000/ -.

(3.) IN order to appreciate the argument of learned counsel for the petitioner that the orders of Assistant Collector and the Collector are without jurisdiction having been passed on complaint filed by respondent No. 3, Section 10 -A of the Punjab Village Common Lands (Regulation) Act, 1961 (in short, 1961 Act) requires to be noticed: -