C.W.P. No. 18817 of 2011 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH C.W.P. No. 18817 of 2011 Date of Decision:- 4.10.2011 Satpreet Singh and another .....Petitioners Versus State of Punjab and others .....Respondents CORAM :- HON'BLE MR. JUSTICE SATISH KUMAR MITTAL HON'BLE MR. JUSTICE PARAMJEET SINGH Present:- Mr. S.S. Swaich, Advocate for the petitioners. **** SATISH KUMAR MITTAL, J(Oral). The petitioners who are resident of Village Tooran, Tehsil Amloh, District Fatehgarh Sahib, have filed this writ petition under Article 226 of the Constitution of India for restraining the Gram Panchayat from auctioning the land belonging to Gram Panchayat in view of order dated 8.9.2011 passed by the Deputy Commissioner, Fatehgarh Sahib. This is second writ petition filed by the petitioners. Earlier when the Gram Panchayat issued a publication in the newspaper for auctioning the land for granting lease for 33 years for commercial purposes, the petitioners filed CWP No. 13589 of 2011 which was disposed of by this Court vide order dated 29.7.2011 directing the Deputy Commissioner to decide the representation made by the petitioners. In pursuance of the said order, the Deputy Commissioner has decided the representation filed by the petitioners and directed that the auction of Shamlat land of Gram Panchayat, Village Tooran, Block Amloh, District Fatehgarh Sahib be held as per rules C.W.P. No. 18817 of 2011 2 and publication be made in two newspapers (one English Tribune and another Punjabi Ajit) in bold letters giving at least 15 days prior notice. It is submitted that earlier the grouse of the petitioners' is that without making proper publication, the Gram Panchayat is going to auction its shamlat land. In pursuance of the said order now publication has been made. The notices have been published in the two newspapers for leasing out certain land by the Gram Panchayat . Now the petitioners have filed the instant petition on the ground that the Gram Panchayat is not competent to lease out the land for 33 years without taking permission from the Government as required under The Punjab Village Common Lands (Regulation) Act, 1961 (hereinafter referred to as 'the Act') In the petition it has been stated that as per his information no such permission has been taken by the Gram Panchayat and no material has been shown by the Gram Panchayat. It has not been disclosed that on what basis the said averment has been made in the writ petition. In these facts, after hearing learned counsel for the petitioners we are of the opinion that under the Act, the detailed provision has been made for auctioning the land of the Gram Panchayat on lease and if any land of the Gram Panchayat is leased out without following procedure then any resident of village can file an application for setting aside the said lease or transfer or sale before the Collector, under Section 10-A of the Act and the Collector has been empowered by the said provision to cancel the lease if he come to the conclusion that the Gram Panchayat has leased out the said land in violation of the rules. In view of the detailed mechanism provided under the aforesaid Act, which in our opinion, is effective remedy, in case the land of the Gram C.W.P. No. 18817 of 2011 3 Panchayat is leased out. We are not inclined to entertain this petition and restrain the Gram Panchayat from auctioning the land, as in our opinion, the petitioners have an effective alternate remedy to challenge any auction which according to them have been conducted in violation of the rules. Dismissed. ( SATISH KUMAR MITTAL) JUDGE 4.10.2011 ( PARAMJEET SINGH ) reema JUDGE