BALWINDER SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Whether the auction of shops in question in which the petitioners are carrying business is vitiated due to violation of the provisions of the Punjab Panchayat Samitis and Zila Parishads Act, 1961 (hereinafter referred to as the 1961 Act) and the Punjab Panchayat Samitis and Zila Parishads (Sale, Lease and other alienation of Property and Public Places) Rules, 1964 (hereinafter referred to as the 1964 Rules) is the issue which requires adjudication in these petitions.

(2.) There is no dispute between the parties that the petitioners have been carrying on commercial activities in the shops belonging to Zila Parishad which were leased out to them between 1968-69 and 1988. They have challenged the auction notice issued by the Chief Executive Officer, Zila Parishad, Hoshiarpur on the ground that the proposed auction is violative of the provisions of the 1961 Act and 1964 Rules and also on the ground that it would deprive them of their fundamental rights to livelihood guaranteed under Article 21 of the Constitution of India. They have pleaded that in terms of Rule 3 read with Rule 8 of the 1964 Rules, the respondent - Zila Parishad is legally bound to renew their leases because they have always shown their readiness and willingness to pay the enhanced lease money.

(3.) In the written statement filed on behalf of the respondent Nos. 2 and 3 it has been averred that 26 shops situated on Railway Road and 12 shops situated at Adda Mahilpur, Hoshiarpur were let out to different persons from time to time. In January and March, 1982 the shops were given to the petitioners on lease for a period of 11 months. After about three years, the same shops were given to them for a period of 11 months on negotiated licence fee and since then they are continuing as licensees. The respondents have contested the plea of the petitioners that the proposed auction is violative of the fundamental right to life guaranteed to them under Article 21 of the Constitution or that the impugned auction of the Zila Parishad is contrary to the provisions of the 1961 Act and the 1964 Rules. They have further averred that the decision to auction the shops in question has been taken to augment the revenue of the Zila Parishad to meet its legal obligation qua the employees and the public at large.