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.

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 provisions, as become en-grafted in Rule 6 of The Punjab Village Common Lands (Regulation) Rules, 1964 (hereinafter referred to as “the Rules of 1964”), provisions whereof became extracted hereinafter.

“6. Leases to be by auction:

(1) Subject to the provisions of sub-rule (1) of rule 4 all leases of land in shamlat deh shall be by auction, after making publicity in the manner laid down in sub-rule (10). All documents executed in this connection shall be signed by a Sarpanch or in his absence by Panch performing the duties of the Sarpanch and two other Panches authorized for the purposes by the Gram Panchayat.

(a) one-third of the cultivable land proposed to be leased shall be reserved for giving on lease by auction to the members of the Scheduled Castes only and. If on two different dates fixed for auction no such person is forthcoming, or the Panchayat Samiti refused to confirm the auction, under clause 2(a) (i) the reservation shall cease to have effect; and

(b) any Sarpanch or Panch or member of his or her family, such as: a father, father-in-law, mother, mother-in-law, wife, husband, son grandson, or any other relative dependent on him or her, shall not be allowed to bid for the auction and to take land in Shamlat deh on lease;

(2) Lease of land in Shamlat Deh already under plough shall not be given for a period exceeding three years, while that of land not tinder plough and infested with trees bushes, etc. may be given for a period not exceeding seven years to the highest bidder. The auction shall be subject to the approval of -

(a) the Panchayat Samiti (1) where the area does not exceed one hundred acres and the highest bid of the lease at the auction is less than the average [rate of the similar Shamlat lands in the preceding year].

(ii) where the area exceeds 100 at but does not exceed 500.

(b) the Zila Parishad - Where the area exceeds 500 acres, but does not exceed 1,000 acres:

(c) the Government:- where the area exceed 1000 acres.”

4. They continue to submit, that since the income derived by the Panchayat concerned, is through auction monies becoming deposited before the Panchayat concerned. Therefore, they contend that the said deposit of auction monies, as, made from auctions of Shamlat Deh lands, thereby makes the entire village proprietary body concerned, to hold a lawful right, to claim that it is but utilized for the welfare of the entire village proprietary body concerned. In sequel, they submit, that the interests or rights of the village proprietary body concerned, in the shamlat deh land, which were or are subjected to auction, and, also fetch auction monies, rather would be gravely prejudiced, in case the fetched auction monies, contrarily are utilized for liquidations of salaries and renumerations of the officials of the government officials conc