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SURESHWAR THAKUR, SUDEEPTI SHARMA
Gram Panchayat Behbalpur Tehsil Nabha – Appellant
Versus
State of Punjab – Respondent
Judgment
Mr. Sureshwar Thakur, J.
Since both the writ petitions make a challenge to condition No.3, as respectively carried in Annexure P-5 in CWP-19670-2021, and, in Annexure P-3 in CWP-13503-2021, therefore both the writ petitions are amenable to be decided through a common verdict.
2. Before proceeding to make an adjudication, upon, the said challenge, it is deemed imperative to extract the impugned condition No.3, as is respectively carried in Annexure P-5 in CWP-19670-2021 and in Annexure P-3 in CWP-13503-2021.
“3. It will be mandatory to deposit 30% Panchayhat Samiti here in the account of concerned Panchayat Samiti through cheque within 15 days of the receipt of auction money. Disciplinary action will be taken against the defaulter Panchayat Secretary, V.D.O. and B.D.P.O. for not doing so.”
Submissions of the learned counsel for the petitioner(s)
3. Learned counsels appearing for the respective petitioners, in making a challenge to the validity of incorporation of the said condition, respectively in Annexure P-5 in CWP-19670-2021 and in Annexure P-3 in CWP-13503-2021, thus make a submission before this Court, that the said therein en-grafted condition, is contrary to the provision
The court upheld the validity of a mandatory deposit condition for auction money under the Punjab Panchayati Raj Act, affirming its compliance with relevant statutory provisions.
The court affirmed the authority of the Gram Panchayat to auction disputed land, ruling that the petitioner's claims of ownership were undermined by his own leasing actions and lack of evidence.
Point of Law : Special Officer is empowered to conduct auction to the leasehold rights of the shops of the Gram Panchayat in the interest of it’s revenue in exercise of powers vested under Section 14....
The Panchayat Samiti has the authority to manage ferry ghats through e-auction, overriding claims based on the Land and Land Reforms Manual, ensuring transparency and preventing monopolistic practice....
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