CR No.3971 of 2011 (O&M) [1] IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. Civil Revision No.3971 of 2011 (O&M) Date of Decision: 27 - 9 - 2011 Parbal Singh and another ....Petitioners v. Gram Panchayat Rasoolpur ....Respondent CORAM: HON'BLE MR.JUSTICE KANWALJIT SINGH AHLUWALIA *** Present: Mr.Vikas Bahl, Advocate for the petitioners. Mr.Rajinder Goyal, Advocate for the respondent. Mr.Vinod Bhardwaj, Advocate for the applicant. *** KANWALJIT SINGH AHLUWALIA, J. (ORAL) In CM No.21387-CII of 2011 This is an application application for preponing on an earlier date the hearing of the main case, which is fixed for 1.12.2011. Counsel for the parties state that in another revision petition viz. Civil Revision No.5228 of 2011 where respondent-Gram Panchayat Rasoolpur was a party, an order has been passed by this Court on 22.9.2011, which will have a bearing on this case as well. Counsel further state that in that petition, it has been ordered that auction by the Gram Panchayat shall be held on 10.10.2011. CR No.3971 of 2011 (O&M) [2] After hearing counsel for the parties, the present application is allowed and the case is pre-poned to today. In CM No.20595-CII of 2011 C.M. is allowed. Exemption is granted as prayed for and the documents Annexures A/1 and A/2 are taken on record. In CM No.20596-CII of 2011 C.M. is allowed. Applicant Amandeep Singh son of Prithvi Singh is impleaded as respondent No.2 in the revision petition. Registry is directed to make necessary correction in the memo of parties. Civil Revision No.3971 of 2011 (O&M) Order dated 22.9.2011 passed in Civil Revision No.5228 of 2011, titled as, `Vijender Singh v. Gram Panchayat Rasulpur' reads as under:- “In the present revision petition preferred, the petitioner has assailed the impugned orders dated 15.6.2011, Annexure P10 and 23.8.2011, Annexure P11, whereby both the Courts below have declined the ad interim injunction to the petitioner in the suit filed for permanent injunction. This Court while noticing the contention raised by counsel for the petitioner on 2.9.2011, has passed the following order:- “Learned counsel for the petitioner contends that admittedly the petitioner is in possession of the land belonging to Gram Panchayat. Learned counsel submits that the Gram Panchayat can approach the appropriate authority for evicting the petitioner in due course of law CR No.3971 of 2011 (O&M) [3] and he cannot be ousted forcibly. Learned counsel further contends that as per the case of respondent- Gram Panchayat, the land was leased out to the petitioner and after expiry of its period, the same has been given in auction to Chandi Ram, a relation of the Sarpanch for the year 2011-12 at the rate of ` 76,250 and also to one Dhira at the rate of ` 70,800. Learned counsel further contends that the petitioner is ready to pay ` 2,00,000 as a lease amount of the land as the Gram Panchayat has been deprived of its due by leasing out the land to the relations of Sarpanch in hush up manner. Issue notice of motion for 8.9.2011. Process dasti only.” Today, Mr.Rajinder Goyal learned counsel for the respondent, on instructions from Sat Pal, Panch who has been authorised by the Gram Panchayat, has made a statement that on 10.10.2011 in the presence of Block Development and Panchayat Officer, fresh auction of the suit land shall be held and the petitioner shall be given due opportunity to participate in the same. It is further submitted that in case the petitioner is higher bidder, a fresh lease for one year shall be granted in his favour. Counsel further states that an express undertaking be taken from the petitioner that in case he remained unsuccessful in the auction, he shall hand over peaceful possession of the suit land to the Gram Panchayat. Counsel for the petitioner considering the fact that this CR No.3971 of 2011 (O&M) [4] Court is not inclined to grant an ad interim injunction, as the period of lease has already expired and possession has to be delivered to the Gram Panchayat, has stated that he accepts the offer made by Mr.Goyal on behalf of the Gram Panchayat. In view of the statements made by counsel for the parties, the present revision petition is disposed of.” Counsel for the parties state that present revision petition be disposed of in the same terms. However, due to paucity of time, date of auction, instead of 10.10.2011 be fixed for 25.10.2011. The joint prayer made by counsel for the parties is accepted. The present revision petition is disposed of in the same terms as in Civil Revision No.5228 of 2011. However, instead of 10.10.2011, as noticed in Civil Revision No.5228 of 2011, auction be held on 25.10.2011. ( KANWALJIT SINGH AHLUWALIA ) September 27, 2011. JUDGE RC