The court emphasized that the allotment of shops without auction was violative of statutory provisions, and the possession became illegal after the return of the security amount.

JUDGMENT :

AUGUSTINE GEORGE MASIH, J.

1. Challenge in this writ petition is to the order dated 22.10.2020 (Annexure P-7) passed by the Collector-cum-District Development and Panchayat Officer, Amritsar, vide which, an application for ejectment of the petitioner filed under Section 7 of the Punjab Village Common Lands (Regulation) Act, 1961, from two constructed shops situated in Khasra No.297, owned by Gram Panchayat Gujja Peer, Block Ajnala, District Amritsar – respondent No.4 has been allowed, appeal against which preferred by him has been dismissed by the Director, Rural Development and Panchayat Department, Punjab – respondent No.2 vide order dated 19.02.2021 (Annexure P-8).

2. It is the contention of the learned counsel for the petitioner that a resolution was passed by the Gram Sabha Gujja Peer on 28.12.2010 (Annexure P-1) to the effect that Rs.2,50,000/- has been taken from Jaswinder Singh – petitioner as surety and on construction of the two shops, the same were to be given to him on rent at the rate of Rs.250/- per month for the small shop and Rs.350/- per month for the big shop i.e. Rs.600/- per month which was to be paid on yearly basis. The construction of the shops was to be completed and possession thereof handed over to the petitioner on 01.02.2011. The amount of Rs.2,50,000/- as deposited by the petitioner as security would be returned in two to three years from the amount which is received from the petitioner for the two shops and the lease money from the shamland land. Thereafter, another resolution dated 01.02.2011 was passed by the Gram Panchayat and possession of two shops was handed over to the petitioner for the purpose of grocery, stationery and floor mill etc. Copies of resolution dated 28.12.2010 along with receipt relating to deposit of the amount in pursuance thereto has been appended as Annexure P-1 and the resolution dated 01.02.2011 has been appended as Annexure P- 2. It is asserted by him that the petitioner had been depositing the rent of Rs.7200/- every year with the Gram Panchayat and in support of this assertion, reference has been made to the receipts Annexures P-3 to P-5. He, on this basis, asserts that the petitioner since having been regularly paying rent as settled with the Gram Panchayat cannot be said to be in default or arrears of rent. It is also asserted that the petitioner is ready to pay the enhanced rent at the rate of 5% per annum in future. His contention is that earlier, the respondents had made an effort to evict the petitioner from the shops in question illegally and forcibly, for which the petitioner had to file a suit for permanent injunction restraining the Gram Panchayat from dispossessing him from these two shops illegally and forcibly. An application under Order 39 Rules 1 and 2 of CPC was preferred, which was allowed vide order dated 05.12.2019 (Annexure P-10) by the Civil Judge (Junior Division), Ajnala, holding that until and unless the resolution is passed by the Gram Panchayat and the disputed shops are put on auction, petitioner being tenant has every right to protect his possession and as such, could not be dispossessed illegally or forcibly except in due course of law. Gram Panchayat was, therefore, restrained from dispossessing the petitioner from the shops in question except in due course of law.

3. Counsel for the petitioner has submitted that the Gram Panchayat filed an application under Section 7 of the Punjab Village Common Lands (Regulation) Act, 1961, on 18.09.2020 (Annexure P-6) for eviction of the petitioner on the ground that the petitioner was neither paying the rent regularly nor was he increasing rent as per the market rate. It was also pleaded therein that the District Development and Panchayat Officer, Amritsar, had, vide letter dated 14.08.2019 directed the Block Development and Panchayat Officer, Ajnala, to get the shops vacated and give them on rent after public auction. The said application under Section 7 of the Punjab Village Common Lands (