This judgment dismissed a writ petition seeking to quash a tree auction notice since the petitioner had an available statutory remedy of appeal under the Punjab Village Common Lands Regulations Act. The auction was allowed but made subject to the pending appeal order.
Writ petition dismissed; auction proceedings subject to appeal order.
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In the High Court of Punjab and Haryana at Chandigarh
.....
Date of decision:3.8.2009
Kans Raj
.....Petitioner v.
State of Punjab and others
.....Respondents
Present: Mr. R.S. Manhas, Advocate for the petitioner.
Mr. H.S. Gill, Deputy Advocate General, Punjab for respondents No.1 to 3.
Mr. T.P. Singh, Advocate for respondent No.4.
S.S. Saron, J.
Heard learned counsel for the parties.
The grievance of the petitioner in this petition under Articles 226/227 of the Constitution of India is for quashing the auction notice dated 13.7.2009 (Annexure-P.7) which was published in the `Ajit'. In terms of the said auction notice (Annexure-P.7) the Panchayat has put the trees on auction without waiting for the outcome of the appeal which was to be filed by the petitioner. The petitioner did not challenge the order dated 7.7.2009 (Annexure-R.4/1) as according to the learned counsel for the petitioner, the petitioner was not supplied with the copy of the same.
The petitioner admittedly has his remedy of appeal against the said order under Section 10-A(7) of the Punjab Village Common Lands (Regulations) Act, 1961. Therefore, the petitioner is relegated to the remedy of filing his appeal against the order dated 7.7.2009 (Annexure-
C.W.P. No.10545 of 2009
[2]
R.4/1). The auction which has now been conducted and the proceedings that had been held in favour of Gurvinder Singh shall be subject to the order passed in appeal. Notice of the appeal, if any, shall also be given to Gurvinder Singh now auction purchaser.
The writ petition is accordingly disposed of.
August 3, 2009.
(S.S. Saron) Judge
hsp
NOTE : Whether to be referred to the Reporter or not:No
2 issues framed by the court
Whether this Court should allow a writ petition seeking quashing of an auction notice where an appeal remedy remains available.
Whether the auction proceedings should remain subject to the outcome of the pending appeal.
2 provisions across 2 enactments
Kans Raj
State of Punjab
S.S. Saron
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
