COCP No.2145 of 2011 (O&M) 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH COCP No.2145 of 2011 (O&M) Date of Decision: 13th October, 2011. Sher Singh and another ...Petitioners Versus Ms.Neelam P. Kasni & Others ....Respondents CORAM: HON'BLE MR. JUSTICE AJAY KUMAR MITTAL Present: Mr.Sanjiv Gupta Advocate for the petitioners. Mr.Ashish Aggarwal Advocate for the respondents. * * * AJAY KUMAR MITTAL, J. The grievance of the petitioners in this petition relates to disobeying the order dated 07.07.2011 passed by this Court in Civil Writ Petition Nos.13652 of 2009 and Civil Writ Petition No.3232 of 2010. 2. Learned counsel for the petitioners referred to the following conclusions set out in the aforesaid writ petitions: "(a) the Consolidation Act, the scheme of consolidation, the Rules framed thereunder, the 1961 Act or the 1964 Rules do not place any impediment or fetter on the right of the Gram Panchayat to change the common purposes or user of its land; (b) the power so conferred is to be exercised in accordance with the provisions of Sections 5, 5-A of the 1961 Act, read alongwith Rules 3 and 8 of the 1964 Rules; (c) a Gram Panchayat shall before making use of its land, for purposes assigned in Sections 5 and 5-A of the 1961 Act and Rules 3 and 8 of the 1964 Rules prepare a land utilisation plan COCP No.2145 of 2011 (O&M) 2 and may while doing so, change the user of land assigned during consolidation; (d) while preparing such a plan, a Gram Panchayat shall ensure that land is used for the benefit of the village community and wherever necessary land is reserved for grazing grounds etc as set out in Rule 8 of the 1964 Rules. (e) all Gram Panchayats in the State of Haryana shall prepare a land utilisation plan before proceeding to make use of their land in accordance with the provisions of the Act and Rules framed thereunder; (f) the user of any land vested in the Gram Panchayat as Shamilat Deh or otherwise, shall not be altered for the purposes of sale, lease or any such alienation, except after following the procedure prescribed by Rules 3 and 8 of the 1964 Rules; (g) any auction of charand land proposed to be conducted without following the procedure prescribed by Rules 3 and 8 of the 1964 Rules shall be deemed to have been set aside, leaving it to the Gram Panchayat to proceed afresh, in accordance with law. (h) this order shall not affect any common purpose land that has already been altered or land that has already been sold, exchanged or leased out and shall apply prospectively." 3. According to the learned counsel, from perusal of conclusions recorded by this Court, inter-alia it had been directed that any auction of charand land proposed to be conducted without following the procedure prescribed by Rules 3 and 8 of the Punjab Village Common Lands (Regulations) Rules 1964 (for short “the Rules”) shall be deemed to have COCP No.2145 of 2011 (O&M) 3 been set aside, leaving it to the Gram Panchayat to proceed afresh, in accordance with law. It had not been followed by the respondents as the land is being auctioned without following the order or the Rules. 4. Upon notice having been issued, short affidavit has been filed on behalf of respondent No.3 wherein, it has been stated that the land in question is being auctioned by the Gram Panchayat after the preparation of the Utilization Plan dated 14.09.2011 and the same has been approved by the Panchayati Samiti, Nissing at Chirao District Karnal on 14.09.2011. It has further been stated that land in question shall be put to auction after observing the directions dated 07.07.2011 passed by this Court in CWP No.3232 of 2010. On September 19,2011, a photocopy of the Utilization Plan approved by the Panchayat Samiti, had also been filed in this Court. 5. Learned counsel for the respondents referred to Rule 3 of the Rules and submitted that in terms thereof, where the area of the land sought to be auctioned exceeds 100 acres but does not exceed 1000 acres such Utilization Plan is required to be approved by the Panchayat Samiti. He further submitted that the Panchayat Samiti has approved the Utilization Plan on 14.09.2011 and there is no violation of order dated 07.07.2011. He referred to paras 2 and 3 of the reply and stated that as and when the land is put to auction directions contained in order dated 7.7.2011 shall be followed and the contempt petition is premature. 6. After hearing the learned counsel for the parties, no further action is called for at this stage and the rule issued stands discharged. 7. The petition stands disposed of. However, it shall be open to the petitioner to take recourse to legal remedies in accordance with law, in case respondents while auctioning the land do not adhere to the directions COCP No.2145 of 2011 (O&M) 4 contained in order dated 7.7.2011 passed by this Court in CWP Nos.3232 of 2010 and 13652 of 2009. 13th October, 2011. (AJAY KUMAR MITTAL) Seema-II Judge