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SURESHWAR THAKUR, KULDEEP TIWARI
Sukhwinder Singh – Appellant
Versus
State of Punjab – Respondent
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 so
The main legal point established in the judgment is that Section 42A of the 1948 Act does not divest the proprietary body of its title to the land reserved for common purposes, and the compensation f....
If the impugned auction is not interfered with, it would amount to upholding partial auction and permitting perpetuation of illegality, which would be contrary to the Act and the Rules.
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.
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