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