KARAM SINGH SAINI Vs. STATE OF PUNJAB

JUDGEMENT

(1.) BY way of this petition, allegedly filed in public interest, the petitioner prays for the issuance of a writ in the nature of certiorari for quashing the order, dated 12.8.2005 (Annexure P-1), passed by the Principal Secretary, Local Government Punjab, Chandigarh, as also for the issuance of a writ in the nature of mandamus directing the respondents not to misuse public land/property and to restrain respondents No. 1 to 6 from leasing out public land to respondents No. 7 to 12 or any other person as the land in question is shamlat deh and belongs to proprietors of the village and Gram Panchayat Bhabat, now Nagar Panchayat, Zirakpur.

(2.) BEFORE we proceed to examine the matter on merits, it would be necessary to notice a few relevant facts.

(3.) THE petitioner claims that prior to the lease of land in 1972, the consent of the proprietors of village Bhabat was not obtained. The land was being used for common purposes and was, thus, illegally leased by the Gram Panchayat. It is further contended that as the land is being misused by the legal heirs of Col. Vohra, the impugned order, renewing the lease, be set aside.