IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. L.P.A. No. 1825 of 2011 ( O&M ) DATE OF DECISION : 27.09.2011 Rakesh Chahar and another .... APPELLANTS Versus State of Haryana and others ..... RESPONDENTS CORAM :- HON'BLE MR. JUSTICE SATISH KUMAR MITTAL HON'BLE MR. JUSTICE ARVIND KUMAR Present: Mr. S.P. Chahar, Advocate, for the appellants. * * * SATISH KUMAR MITTAL , J. This Letters Patent Appeal has been directed against the order dated 30.8.2011, passed by the learned Single Judge, dismissing the writ petition (CWP No. 16102 of 2011) filed by the appellants for quashing the resolutions dated 9.9.2008 (Annexure P-2) and 20.6.2009 (Annexure P-4), passed by Gram Panchayat, Village Silani, Pana Kesho, Tehsil and District Jhajjar (respondent No.4); as well as the Memorandum of Understanding dated 14.7.2009 (Annexure P-1) entered into between the Gram Panchayat and respondent No.5 for leasing out the land in dispute for establishing integrated Sports Academy and School. In this case, the appellants are the residents of village Silani, LPA No. 1825 of 2011 -2- Pana Kesho. Gram Panchayat of the said village passed a resolution for allotting certain land to respondent No.5, an education society, to establish an Integrated Sports Academy in the village. In pursuance of the said resolution, Memorandum of Understanding was executed between the Gram Panchayat and respondent No.5, whereby the Gram Panchayat leased out the land in question for 33 years for an amount of ` 51,000/- per annum with 5% annual increase. The lease money was to be deposited in advance. As per the said Memorandum of Understanding in the Academy, 5% seats with full tuition fee concession and all other applicable charges were to be reserved for inhabitants of the village. It is admitted position that respondent No.5 has built up a school/Academy under the name of style of “Shewag International School” and now the school is functioning. Now, in the year 2011, after more than 2 years, the petitioners have filed the instant petition, challenging the said Memorandum of Understanding, on the ground that the leasing out of the land by the Gram Panchayat to respondent No.5 is illegal, arbitrary and violative of Article 14 of the Constitution of India. The learned Single Judge has dismissed the writ petition, while coming to the conclusion that the petitioners have no locus or right to challenge the Memorandum of Understanding between the Panchayat and respondent No.5 and they have alternative remedy to raise their grouse before the Director, Panchayats or the Government, as the case may be, to chalenge the lease deed made by the Gram Panchayat under the provisions of law. LPA No. 1825 of 2011 -3- After hearing learned counsel for the appellants, we do not find any illegality in the impugned order. The Gram Panchayat is competent enough to lease out its land. The Punjab Village Common Lands (Regulation) Rules, 1964 empower the Gram Panchayat to lease out its land. It has also been held in Rajbir Singh Versus State of Haryana and others, CWP No. 9180 of 2009, decided on 16.11.2009, that Gram Panchayat can use its land as per the directions issued by the Government of Haryana, even after changing the use of the land as per the parameters laid down by the Punjab Village Common Lands (Regulation) Act, 1961 (hereinafter referred to as `the Act') and Rules framed thereunder. If the petitioners being residents of the village are having any grouse against leasing out of the land of the Gram Panchayat to respondent No.5 for 33 years, they have effective remedy under Section 10-A of the Act to get the lease cancelled. The petitioners have not availed this remedy. Therefore, in our view, the learned Single Judge has rightly dismissed the writ petition, filed by the appellants. No merits. Dismissed. ( SATISH KUMAR MITTAL ) JUDGE September 27, 2011 ( ARVIND KUMAR ) ndj JUDGE