Civil Writ Petition No.16312 of 2010 -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Civil Writ Petition No.16312 of 2010 Date of decision: 13.09.2010 Vinay Kumar and others ..... Petitioners Versus State of Haryana etc. .... Respondents CORAM: HON'BLE MR. JUSTICE RAJIVE BHALLA Present: Mr. Ashok Singla, Advocate for the petitioners. ***** RAJIVE BHALLA, J. The petitioners pray for issuance of a writ in the nature of certiorari for quashing the orders dated 20.08.2007, 01.12.2009, passed by the Assistant Collector Ist Grade, Gurgaon and the District Collector, Gurgaon. In addition, the petitioners pray for issuance of a writ in the nature of mandamus directing the Gram Panchayat to deliver possession of the land leased out to the petitioners. The Gram Panchayat of village Kharoda proposed to lease out 35 acres of land for setting up a Herbal/Health Farm and Training Centre for children for a period of ten years. In the auction conducted on 17.01.2005, petitioner no.1 was declared the highest bidder for Rs.1,10,000/- for plot no.1 measuring 9 acres, petitioner no.2 at the rate of Rs.1,05,000/- for plot no.2 measuring 9 acres, petitioner no.3 at the rate of Rs. 1,15,000/- for plot no.3 measuring 9 acres and petitioner no.4 was declared the highest bidder for Rs. 70,000/- for plot no.4 measuring 8 acres. Civil Writ Petition No.16312 of 2010 -2- An application was filed by Respondent no.6, under Section 10 A of the Punjab Village Common Lands (Regulation) Act, 1961, for cancellation of the lease. The petitioners filed a reply denying the allegations levelled in the application but the Assistant Collector Ist Grade accepted the application and cancelled the lease vide order dated 20.08.2007. The petitioners filed an appeal before the District Collector, Gurgaon, which was dismissed on 01.12.2009. Counsel for the petitioners submits that the impugned orders are non-speaking as no reason has been assigned for cancelling the auction and dismissing the appeal. It is further submitted that the finding that the Block Development and Panchayat Officer and the Social Education and Panchayat Officer were not present is incorrect as the auction register, bears their signatures. It is also argued that a third party cannot file an application under Section 10A of the Act as Section 10A (7) of the Act confines the right to file an appeal to a person who is a party to a lease, contract or agreement. It is further argued that as the land in dispute is “Jumla Mushtarka Malkan”, the Act does not apply to this land. It is further submitted that as the auction was conducted in accordance with the Act and the Rules, the impugned orders should be set aside. I have heard counsel for the petitioners, perused the impugned orders and find no reason to hold in favour of the petitioners. The Assistant Collector, Ist Grade has recorded a finding that the procedure for conduct of the auction was not followed. The Assistant collector accepted the plea that the place, date and time of the auction was not advertised and proclamation was not effected at Civil Writ Petition No.16312 of 2010 -3- the Panchayat Ghar as provided by the Rules. The District Collector dismissed the appeal by holding that lease of 36 acres, for ten years is contrary to the Rules. The appellate authority also held that the due publication was not effected and the Panchayat officers were not present. The argument that the Block Development and Panchayat Officer or Social Education and Panchayat Officer were present remains unsubstantiated for want of any material, appended with the writ petition, to establish this fact. The petitioners have also failed to place any material on record to establish that publication and proclamation, was carried out as per the rules. The argument that respondent no.6 does not have locus standi to file an application under Section 10A of the Act, merits summary rejection. Section 10A (1) of the Act, clearly postulates that notwithstanding anything contained in this Act the Assistant Collector Ist Grade may call for from any panchayat in his district, the record of any, lease, contract or agreement for the purpose of satisfying himself as to the legality or propriety of such lease, contract or agreement. Section 10A(1) does not bar a person who is not a party to a lease, contract or agreement, from lodging a complaint before the Assistant Collector Ist Grade. Consequently, Section 10A(7) that confers the right to file an appeal to a party to a lease, contract or agreement, cannot be pressed into service to restrict the statutory ambit of Section 10A (1) of the Act. The argument that Section 10A does not apply as land is “Jumla Mushtarka Malkan” disregards Section 2(g)(6) of the Act, which clearly states that land reserved for common purposes, under Rule Civil Writ Petition No.16312 of 2010 -4- 16(ii) of the East Punjab Holdings (Consolidation of Fragmentation and Prevention) Rules, 1949 ( i.e. Jumla Mushtarka Malkan) vests in a Gram Panchayat. In view of what has been stated hereinabove, the writ petition is dismissed, with no order as to costs. September 13, 2010 (RAJIVE BHALLA) nt JUDGE