Satinder Singh and another vs State of Punjab and others

M.M. Kumar, J.—The petitioner has challenged order dated 20.1.2012 passed by the Deputy Commissioner, Ludhiana holding that Mata Gujri Library which was to be constructed on the land measuring 100" x 120" comprised in khasra No. 823 of abadi deh of village Bhanour would require expenditure of rupees thirty five lakhs. The Panchayat did not have such a huge amount. A society with the name of ''Mata Gujri Library Society'' was constituted so that financial assistance may be secured from NRIs and friends. The Deputy Commissioner has observed that the aforesaid Library is fully under the control of the Panchayat alongwith possession. A reference has been made to the statement of the Sarpanch that control and management of abadi deh area is with the Panchyat. Even primary schools, water tank, health club, panchayat houses are under the possession of the Panchayat and the Library is also being constructed by the Panchayat, which is for the facility of the people of the village, and funds which are being collected as donations are under the control of the Sarpanch of the Gram Panchayat and the President of the Society jointly.

We have heard the learned counsel for the petitioners at a considerable length and are of the view that the impugned order dated 20.1.2012 passed by the Deputy Commissioner, Ludhiana was the result of directions issued by this Court in CWP No. 23708 of 2011 decided on 20.12.2011 (Satinder Singh v. State of Punjab). The Division Bench of this Court had directed the Deputy Commissioner to decide the application of the petitioners where the grievance was made for not handing over Gram Panchayat land or abadi deh land to the builders. The writ petition is wholly without merit. There is nothing on the record to suggest that the Gram Panchayat has either leased the land or is handing over possession to the outsider. The prohibition of leasing land belonging to Gram Panchayat has been engraved by the judgement of Hon''ble the Supreme Court rendered in the case of Jagpal Singh and Others Vs. State of Punjab and Others, . The aforesaid judgement has no application to the facts of the present case as no lease has been given in respect of panchayat land by the Gram Panchayat. The writ petition does not merit admission and the same is accordingly dismissed.