JUDGMENT

Sureshwar Thakur, J.

Factual Background.

The petitioner was the highest bidder in respect of auction which became held on 31.10.2019, in respect of shamlat deh lands. However, since in terms of clause 4 (6) of the Gram Panchayat Lands Lease Policy dated 09.05.2014 (hereinafter for short called as 'the lease policy', as formulated in terms of Rule 6(3) of the Punjab Village Common Lands (Regulation) Rules, 1964, hereinafter in short refer to as 'the 1964 Rules', thus, approval thereto was required to be granted by the Government concerned. However, since no approval thereto became granted, thus, the petitioner has accessed this Court, rather for a mandamus being made, upon the respondents concerned, to grant the requisite approval, to the auction, as became held on 31.10.2019, whereby the petitioner's highest bid became accepted.

2. Apart from the above mandamus, being asked for by the petitioner in the instant petition, a further prayer/relief, as asked for in the petition, relates to the quashing of the auction, as became conducted on 08.11.2019, in respect of the shamlat deh lands, whereby the co-respondent No.7, was declared as the highest bidder.

Submissions of the learned counsel for the petitioner.

3. i) The learned counsel for the petitioner, has argued that, since the auction of the petition lands, as became conducted on 31.10.2019, whereby he was declared as the successful auction bidder, was then conducted in terms of the Rule 6(3) of 'the 1964 Rules', provisions whereof are extracted hereinafter.

6. Leases to be by auction. (1) xxxxxxxxxx

(2) xxxxxxxxx

[(3) The land vested in a Gram Panchayat, may be leased out up to a period of thirty-three years with the prior approval of the State Government for industrial, commercial, educational or such other professional purpose in terms of the policy framed by the State Government from time to time for giving the aforesaid land on lease. The lease of the said land may further be renewed keeping in view the public interest, for a period not exceeding the aforesaid period of thirty-three years or for a lesser period, as may be agreed upon between the parties.

Provided that,-

(i) the lease shall not create encumbrance on the leased land either by mortgaging or in any other mode; and

(ii) a lease deed signed under this rule, may be cancelled in it is found that the lease is,-

(a) misusing the land;

[(b) does not start the work on the said land within a period of one year of the date of taking over the possession and thereafter does not complete the project within a period of three years or the time period as may be specified by the Government Departments, Boards, Corporations or the Punjab Energy Development Agency, while sanctioning the project or scheme, whichever is later.]

(c) violating the terms and conditions of the lease deed or the sanction accorded by the Government, as the case may be and

(d) the private persons or private institutions or project implementers (given in serial numbers 1,2,3 and 6 of the Table, respectively, in sub-rule 3-A), to whom the land is given on lease, further sub-leases the land to a third person.]

Provided further that in the cases of solar and energy power projects which are approved by the Power or by the Punjab Energy Development Agency, the competent to accord prior approval, shall be the Commissioner of the district concerned.]

(3-A)xxxxxxxx.."

Therefore, the approving authority was bound to, in terms of the rules (supra), and thereafter, in terms of clause 4(6) of 'the lease policy', appended as Annexure P-11, to the petition, thus, imperatively endorse or grant approval to the said auction bid. The relevant clause of 'the lease policy', is extracted hereinaf