Gram Panchayat Sahibnagar Theri v. State Of Punjab & ORS
HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH **** CWP No.684 of 2016 (O&M) Date of Decision: 14.01.2016 **** Gram Panchayat Sahibnagar Theri ... Petitioner VS.
State of Punjab & Ors.
... Respondents **** CORAM: HON'BLE MR.JUSTICE SURYA KANT HON'BLE MR.JUSTICE P.B. BAJANTHRI ****
Present:
Mr. Vijay Sharma, Advocate for the petitioner Mr. KK Gupta, Addl. AG Punjab **** SURYA KANT, J. (Oral) (1) Notice of motion to respondents No.1 to 6 only at this stage. On our asking, Mr. KK Gupta, Addl. AG Punjab accepts notice on their behalf. Having regard to the nature of order which we propose to pass, it is not necessary to call upon respondents No.7 to 9. No reply is required from the official respondents. (2) The grievance of the petitioner-Gram Panchayat is that its land measuring 3-acre is proposed to be auctioned on 18.01.2016 but it apprehends that the auction proceedings would be disrupted by private respondents and other persons as previously also, they did not allow the auction to take place when it was scheduled to be held on 18.09.2015. The petitioner-Gram Panchayat is said to have approached the District Administration
but finding no positive response that the instant writ petition has been filed.
(3) Having heard learned counsel for the parties but without expressing any views on the allegations leveled against the private respondents, we are satisfied that the Gram Panchayat is entitled to auction its land in accordance with law in a transparent manner where all the prospective bidders must be given opportunity to participate. No one should be allowed to indulge in unruly practice and/or disrupt the auction proceedings as it unnecessarily burdens the Gram Panchayat with avoidable expenditure.
(4) We thus direct the Deputy Commissioner and Senior Superintendent of Police, Patiala to deploy senior officer not below the rank of District Development and Panchayat Officer as well as adequate police force to ensure that the auction is held in a peaceful manner.
(5) Disposed of.
(6) Let a dasti copy of this order be handed over to Mr. KK Gupta, Addl. AG Punjab for information and necessary compliance.