LPA No.653 of 2011 -1- IN THE PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH LPA No. 653 of 2011 (O&M) Date of Decision : 27.7.2011 Rajwinder Singh .......... Appellant Versus State of Punjab & others ...... Respondents **** CORAM : HON'BLE MR. JUSTICE JASBIR SINGH HON'BLE MR. JUSTICE AUGUSTINE GEORGE MASIH Present : Mr. Vijay Lath, Advocate for the appellant. **** JASBIR SINGH, J. (ORAL) This appeal has been filed against an order dated 02.12.2010 passed by learned Single Judge, in CWP No. 15865 of 2009. The appellant filed that writ with a prayer that an order dated 12.8.2009 passed by the DDPO, Kapurthala cancelling auction of the agricultural land in his favour be quashed. It is case of the appellant that he was the highest bidder, in auction held on 5.5.2009 for land measuring 18 Kanal 10 Marlas, as per the terms & conditions of the auction he had deposited ` 8300/- towards the lease amount with the Gram Panchayat, for a period of one year. The auction was cancelled when higher amount was offered by respondent No.6-Resham Singh. Learned Single judge by noting that the land had remained in unauthorized occupation of Resham Singh and also that there was connivance of the officials with the said person, disposed LPA No.653 of 2011 -2- of the writ petition, vide order dated 2.12.2010, with the following directions :- “a) Resham Singh son of Sh. Prem Singh, resident of Sanjogla, Tehsil and District Kapurrthala shall hand over vacant possession of the land in dispute to the Gram Panchayat, within 15 days. b) The Collector Kapurthala is directed to assess compensation for the standing crop, to be paid by the Panchayat to Resham Singh. While assessing compensation, the Collector shall take into account that Resham Singh has been in possession of Panchayat property without payment of any lease money for the year 2008-2009. Resham Singh shall be entitled to prove before the Collector that he has paid Rs. 20,000/- towards the lease money and in case this fact is proved, the Collector shall take this amount into consideration while calculating compensation to be paid either to Resham Singh or the Gram Panchayat. c) The Gram Panchayat shall auction this land, within a period of one month. d) Resham Singh son of Sh. Prem Singh, resident of Sanjogla, Tehsil and District Kapurthala, shall also be entitled to participate in the auction. e) The money deposited by the petitioner LPA No.653 of 2011 -3- with the Gram Panchayat shall be refunded to the petitioner, within 15 days. f) The petitioner shall vacate land bearing Khasra No. 21//1(8-0), 10(8-0), 11(8-0) and Khasra No. 35//5(8-0), 6(8-0) situated in village Allaudipur, Tehsil and District Kapurthala, if he is in his unauthorized possession, within one month. If these Khasra numbers are in the unauthorized possession of his father, the Gram Panchayat shall forthwith initiate proceedings for his eviction. g) The Gram Panchayat an Resham Singh would be at liberty to approach the Collector, Kapurthala for implementation of this order.” We feel that the order passed is perfectly justified. Counsel for the appellant has vehemently contended that let the Gram Panchayat be directed to pay compensation to the appellant. We feel that the prayer made is not justified. There is nothing on record to show that on account of the cancellation of the lease, the appellant had suffered any loss. Dismissed. (JASBIR SINGH) JUDGE 27.7.2011 (AUGUSTINE GEORGE MASIH) 'sp' JUDGE