Harbhajan Singh v. Development And Panchayat Officer & ORS
CWP-16790-2017 -1HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CWP-16790-2017 Date of Decision: July 31, 2017 Harbhajan Singh .....Petitioner
Versus
Development and Panchayat Officer, Dhilwan and others ......Respondents CORAM: HON'BLE MR.JUSTICE SURYA KANT HON'BLE MR. JUSTICE SUDHIR MITTAL 1.
To be referred to the Reporters or not?
Yes/No 2.
Whether the judgment should be reported in the Digest? Yes/No.
3.
Whether Reporters of local papers may be allowed to see the judgment? Yes/No .......
Present:
Dr.Anmol Rattan Sidhu, Sr. Advocate with Ms.Sudha, Advocate for the petitioner.
......
SURYA KANT, J.
On the oral prayer made by learned counsel for the petitioner, the Deputy Commissioner-cum-Collector, Kapurthala, and Gram Panchayat of village Mand Chakoki, District Kapurthala through its Sarpanch are ordered to be impleaded as respondent Nos.2A and 2B, respectively. Registry is directed to make the necessary correction in the memo of parties. [2] The case of the petitioner is that Plot No.41 of the Gram Panchayat's land measuring 32 kanals bearing Khewat No.510/509/705, Khasra No.23//22/8-0 Khatauni No.822, 23/19/8-0, 23/20/8-0, 23/21/8-0 situated in the revenue estate of village Mand Chakoki, Sub Tehsil Dhilwan, District Kapurthala, was leased out to him for one year on 06.06.2014 and that lease period was further renewed for the subsequent years. However, Meenu 2017.08.02 13:42 I attest to the accuracy and authenticity of this document chandigarh
CWP-16790-2017 -2for the year 2017-18, while petitioner's lease has not been renewed, the lease period of all other lessees like him to whom land, measuring 600 acres, of the Gram Panchayat has been leased out, have been renewed. The petitioner, thus, seeks a direction that he should not be singled out and his lease period be also renewed with marginal increase in the lease money. Alternatively the petitioner seeks a direction that the renewal of all other lessees be annulled and the entire 600 acres land of the Gram Panchayat be put to auction so that he can also participate.
[3] The plea of discrimination made out by the petitioner undoubtedly requires attention of the authorities. The writ petition is accordingly disposed of without expressing any views on merits with a direction to the Deputy Commissioner-cum-Collector, Kapurthala, who shall get the fact finding enquiry conducted from the BDPO and take necessary action in the matter within a period of two weeks from the date of receipt of a certified copy of this order.
[4] Till such time status quo re: possession of the land under lease of the petitioner be maintained.
( SURYA KANT ) JUDGE July 31, 2017 ( SUDHIR MITTAL ) meenuss JUDGE 1.
Whether speaking/reasoned ?
Yes/No 2.
Whether reportable ?
Yes/No Meenu 2017.08.02 13:42 I attest to the accuracy and authenticity of this document chandigarh