JUDGMENT

Sureshwar Thakur, J.

The petitioners, who claim themselves to be the proprietors of the mohal concerned, where the writ lands are concerned, have taken to make a challenge to Annexure P-6, whereby the sale through public auction of the petition land, was made in favour of respondent No. 7-M/s Ruchira Papers Limited Tirlokpur road, Kala Ambh, Tehsil Nahan, District Sirmaur (Himachal Pradesh).

2. The grounds taken in the instant writ petition to impugn the said annexure, are centered upon the factum, that (a) the interest of the petitioners, as proprietors in the mohali concerned, would become adversely affected, (b) that the sale by public auction of the petition lands to the said entity, was made in breach of the provisions of Rule 12 of the Punjab Village Common Lands (Regulation) Rules, 1964 (for short 'the Rules of 1964), and, also in breach of the provisions of Section 5 of the Punjab Village common Lands (Regulation) Act, 1961 (for short 'the Act of 1961'), (c) that no public notice became issued prior to the conducting of the public auction of the petition land(s), resultantly in the bid of respondent No.7, becoming accepted, and, (d) that the petition land(s) being sold at a throwaway price, therefore, a grave financial detriment, being caused to the monetary interest(s) of the Gram Panchayat concerned, over the petition land(s).

3. The writ petition was contested by the respondents, and, they have filed their detailed replies, on affidavits, to the instant petition.

4. The learned counsel for respondent No. 7, as also the learned State counsel have argued, that the instant petition is a gross abuse of the process of Court, besides have also taken to argue, that the petitioners have no locus standi to maintain the present writ petition, as they have no valid interest, as proprietors of the petition land(s), nor they have any justifiable interest to, in terms of the wazib-ul-arz concerned, make user of the petition land(s), so as to contend, that their rights either as proprietors, or as legitimate user of the petition land(s), would become jeopardized, in case the impugned annexure is validated by this Court.

The instant petition is a gross abuse of the process of the Court

5. The above made submission is rested upon the factum, that one Gurpiar Singh, brother of petitioner No. 2 along with other persons, had filed a writ petition, on a cause of action, and, relief but similar to the one in the instant petition, and, to which CWP No. 28735 of 2018, became assigned, but the said petition was, as revealed by Annexure-A, dismissed as withdrawn on 29.4.2019, and, upon an allegation being made by one of the co-petitioner thereins, that his signatures thereins, was forged, and, which resulted in FIR No. 199 of 27.11.2018 becoming registered against the concerned.

6. Subsequently, another writ petition bearing CWP No. 12491 of 2019 being also, as revealed by Annexure-B, dismissed for non-prosecution on 20.4.2022,. Subsequently, as revealed by Annexure-C, another writ petition bearing CWP No. 14279 of 2019, filed by Gulzar Singh, father of petitioner No. 2 and others, becoming also dismissed as withdrawn on 22.3.2021.

7. The filing of the above writ petitions, respectively by the brother, and, by the father of one of the present petitioners along with others, which but resulted in theirs becoming dismissed for non prosecution, and/or as withdrawn, does constrain this Court, to mobilize an inference, that the petitioners are yet intending to entangle co-respondent No. 7, and, other respondents in unnecessary litigation's but merely to harass and humiliate them, thus the instant petition is a gross abuse of the process of the Court.

8. It also appears that different writ petitions almost with a similar cause of action, and, similar reliefs to the one, as carried in the instant writ petition, were previously instituted, and, which as above stated, became rather dismissed as withdrawn, and/or, became dismissed for non-prosecu