SUKHDEV SINGH Vs. STATE OF PUNJAB AND OTHERS

JUDGEMENT

(1.) The petitioner has impugned the order dated 30.4.2003 passed by respondent No.2 and has prayed for quashing of the same. He has stated that the Gram Panchayat of village Wadala Johal has passed a resolution on 27.9.2002 for auctioning the Shamlat land measuring 2 kanal 12 maria which was kept reserved for the construction of a hospital in the village. By the same resolution it had been resolved that the land of Chhappar be also auctioned and the date of auction was fixed as 7.10.2002. However, in pursuance to this resolution no Munadi was done in the village and the petitioner did not have any notice regarding auction of the land which was auctioned @ Rs.900/- per annum for a period of five years. According to the petitioner, the auction was in violation of rules as there was no sufficient notice to the public at large before the auction was resorted to.

(2.) The respondents No.4 and 5 in their written statement submitted that the auction was perfectly in accordance with law and that the petitioner had not participated in the auction and, therefore, he had no right to challenge the auction subsequently.

(3.) Rule 7-A (a) (i) of the Punjab Village Lands (Regulation) Rules, 1964 (hereinafter known as 'the Rules') lays down the manner in which the auction of Shamlat land is to be conducted and the said Rule is extracted herein :