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(2023) Law Today Live Doc. Id. 17892 = 2023(1) 289
Decided on: 19.04.2023
Alongwith
CWP-7984-2023, Parmender and Others v. State of Haryana and Others
And
CWP-7989-2023, Satyawan and Others v. State of Haryana and Others
Present:
Mr. Sanjeev Kodan, Advocate for the petitioners (in all cases).
Mr. Raman Sharma, Addl. A.G., Haryana.
Haryana Village Common Lands (Regulation) Act, 1961 (18 of 1961), Section 2(g) -- Haryana Village Common Lands (Regulation) Rules, 1964, Rule 6 -- Lease of Shamlat Deh – Power of Gram Panchayat -- Though the Gram Panchayat has an able empowerment to lease the lands but the said empowerment is only when a public auction is conducted rather under the supervision of an Officer of the State Government -- Collector of the Revenue District directed to appoint SDM of the area to be the Officer, who shall conduct and supervise the public auction of the lands.
(Para 2-4)
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SURESHWAR THAKUR, J. (ORAL) –
1. Since all the writ petitions relate to a similar, and, common causes of action and also relate to common reliefs, therefore all the petitions are amenable for being decided through a common verdict.
2. Admittedly, the petition lands, are entered in the revenue records as Shamlat Deh lands. Resultantly, though the Gram Panchayat concerned, has an able empowerment to lease the petition lands, but the said empowerment is only when a public auction is conducted rather under the supervision of an Officer of the State Government.
3. The learned counsel for the petitioners argues, that there is a likelihood of the relevant public auction, being completely rigged, besides also makes an argument, that the bid as, made by the bidders who will participate in the said auction, are not likely to offer a price commensurate to the monetary value crop yield, to be sown, and, thereafter harvested by the bidder(s) concerned.
4. Though, in the above regard there is no tangible evidence existing on record. Nonetheless, for mitigating the above grievance as raised before this Court, besides to ensure that a rig free public auction is conducted by the Authorities concerned, this Court directs the Collector of the Revenue District concerned, to appoint SDM of the area concerned, to be the Officer, who shall not only conduct besides shall supervise the public auction of the petition lands.
5. The said appointed Supervisory Officer of the auction proceedings, shall ensure, that the rules relating to the holding of a public auction, whereby the petition lands are proposed to be leased to the highest bidder, hence are complied with. The above public action shall take place only in respect of those lands which are required to be re-put to lease through a fresh public auction being conducted.
6. Disposed of accordingly.
7. A photocopy of this order be placed on the file of other connected case.
Order accordingly.
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