The Court dismissed a writ petition wherein the petitioner challenged the possession of land leased by the Gram Panchayat through auction. Ruling that the matter involved private disputes regarding lease rights and not an exercise of extraordinary jurisdiction, the petition was dismissed.
Petition dismissed with costs quantified at Rs. 5,000/-.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF PUNJAB & HARYANA, CHANDIGARH
Civil Writ Petition No.8172 of 2008 Date of Decision: February 04, 2011
Dwarka
.....PETITIONER(S)
VERSUS
State of Punjab & others
.....RESPONDENT(S)
. . .
CORAM: HON'BLE MR. JUSTICE AJAI LAMBA
PRESENT: - Mr. D.K. Bhatti, Advocate, for the petitioner. Mr. Anil Sharma, Additional Advocate General, Punjab, for respondent Nos.1 to 5. Mr. Deepak Sharma, Advocate, for respondent No.6.
Mr. Pankaj Bali, Advocate, for respondent No.7.
. . .
AJAI LAMBA, J (Oral)
CWP No.8172 of 2008 [2]
in revenue estate Pandwala, Tehsil Derabassi, District SAS Nagar Mohali. The petitioner claims himself to be a poor and landless tenant over the land which vests in the proprietors of the village. 2. On a query of the Court to the effect that if the prayer is justified, it would be a dispute between two private parties viz. the proprietors of the village and the petitioner, learned counsel contends that suit for permanent injunction was filed which however was withdrawn and the present writ petition has been filed. 3. Learned counsel for respondent No.6, Gram Panchayat, contends that the petition is mischievous and based on concealment of material facts, and also mis-statement of facts. Learned counsel contends that order of stay of dis-possession has been taken by way of not bringing true facts on record.
CWP No.8172 of 2008 [3]
of lease money.
CWP No.8172 of 2008 [4]
For subsequent period of time, the land was given to the next person who happened to be the highest bidder. It was imperative for the petitioner to have brought on record the Resolutions under which the petitioner took the land on lease in auction proceedings, however, it has not been done, rather an interim order was taken by way of stating misleading facts.
(AJAI LAMBA)
February 04, 2011 JUDGE avin
1 issue framed by the court
Whether the petitioner has a right to seek relief in extraordinary writ jurisdiction regarding disputed possession of leased land.
Dwarka
State of Punjab
Gram Panchayat
Ajai Lamba
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
