- (1.) Sajjan Singh and another have filed this petition seeking issuance of a writ of Certiorari to quash the auction of two parcels of land of 36 kanals 8 marla and 24 kanals by Gram Panchayat Putthi Saman. According to the petitioners, they are both tenants on the land and are in lawful possession thereof. They cannot be dispossessed other than in due course of law.
(2.) Briefly stated, the facts are that about 86 acres of land of the village, belonging to the Gram Panchayat, had been under cultivating possession of some of the residents of the village as non occupancy tenants on batai tehai. Some part of the land has been described as gairmumkin shamlat bhumi. Out of this the petitioners were in possession of the two aforementioned parcels of land as gairmarusi tenants on batai tehai.
(3.) The petitioners contend that there is acute factionalism in the village and the Sarpanch wants to take revenge against the petitioners as they had opposed him in the election. The panchayat decided to auction the land on which the petitioners were in possession, with the sole purpose of dispossessing them. Proclamation was issued for auction to be held on April 18, 2006 which led the petitioners to file this petition on April 20, 2006. The petitioners had tried to convince the panchayat through notice dated April 15, 2006 sent through their counsel that holding of auction was illegal but to no avail. The petitioners claim that they had been cultivating the land in dispute and their possession is legal.;