Constitutional Law – Writ Petition under Article 226 – Land Acquisition – Authority under Regional Development Plan – Petitioners sought quashing of notifications issued under Sections 4 and 6 of the Land Acquisition Act, 1894 – Contention that State Government cannot acquire land falling within Regional Development Plan under Land Acquisition Act, 1894 in view of Section 42 of Punjab Regional and Town Planning and Development Act, 1995 (PRTPD Act) – Held, there is nothing in PRTPD Act that denudes power of Central or State Government from acquiring property under Land Acquisition Act, 1894 merely because it falls within area notified under Regional Development Plan – Powers of acquisition under Land Acquisition Act are different and independent from powers of State Government to acquire property at request of authority under PRTPD Act – Acquisition for public purpose, specifically for setting up Information Technology Park, is valid – Petition dismissed. [Paras 1-12]

Acquisition Powers – Analysis – Held – Central and State Governments retain authority to acquire land under Land Acquisition Act, 1894 even if land falls within area notified under PRTPD Act – Development on such acquired land to be regulated by PRTPD Act but does not restrict acquisition powers – Acquisition by State Government for public purposes, such as Information Technology Park, justified under Land Acquisition Act – No request required from authority under PRTPD Act for such acquisitions. [Paras 6-7]

Decision – Dismissal of Writ Petition – Court upholds validity of notifications under Sections 4 and 6 of Land Acquisition Act, 1894 – Acquisition for public purpose within legal framework – No contradiction between Land Acquisition Act and PRTPD Act regarding acquisition powers – Petition dismissed with no order as to costs. [Para 12]

Service Law – Selection and Appointment – False Certificates – Petitioners challenged the selection of respondents No. 4 to 6 for the post of Family Welfare Extension Educator on grounds of ineligibility due to lack of required experience – Respondents produced fake experience certificates at the time of application – Evidence showed that one respondent claimed to work at two places simultaneously – Held, selection and appointment based on fraudulent documents deprive meritorious candidates – Such appointments are illegal and deserve cancellation – Length of service rendered on the basis of fraudulent appointment is irrelevant – Petition allowed, selection and appointment set aside. [Paras 1-34]

Legal Principles and Equity – Analysis – Held – Fraudulent claims in securing public employment nullify the basis of appointment – Law does not favor protection of employment obtained through deceit – Appointments based on false documents cannot be saved by equitable considerations – Misuse of power and influence to secure jobs condemned – Genuine candidates should be considered for appointment in place of those disqualified. [Paras 30-34]

Decision – Allowing Writ Petition – Court sets aside the selection and appointment of respondents No. 4 to 6, who were found ineligible for the post and had secured employment through fraudulent means – Directs that petitioner, being at Sr. No. 2 in the waiting list, be offered appointment from the date respondent No. 4 was offered and joined service, with notional benefits but without monetary benefits for the period he did not work. [Para 34]

Civil Procedure – Execution – Auction Sale – Violation of Rules – Petitioner, auction purchaser, sought confirmation of sale and possession of property – Respondent No. 2, judgment-debtor, filed applications to set aside ex parte order and sale, claiming improper service and stay of dispossession – Executing Court allowed applications, finding auction violated mandatory rules – Held, sale of property held on 09.08.2004, but amount deposited on 25.08.2004, violating 15-day requirement – Judgment-debtor residing abroad not properly served – Auction sale during stay of dispossession invalid – Orders of Executing Court upheld, auction void. [Paras 1-37]

Auction Sale and Service of Process – Analysis – Held – Rules 84 and 85 of Order 21 CPC mandate immediate deposit of 25% auction money and balance within 15 days – Deposit delayed, rendering sale void – Notice to judgment-debtor essential for valid sale – Service by publication improper when judgment-debtor's foreign residence known – Absence of proper service invalidates proceedings. [Paras 22, 28, 31-32]

Stay of Dispossession – Impact on Auction – Analysis – Held – Auction held despite existing stay order on dispossession invalid – Executing Court rightly set aside ex parte order and sale – Judgment-debtor's rights protected by stay order, improperly disregarded in execution process. [Paras 33-35]

Decision – Dismissing Revision Petition – Court finds Executing Court's actions justified – No error or illegality in setting aside auction sale and ex parte order – Auction purchaser to be compensated with interest – Petition dismissed. [Paras 36-38]

Civil Procedure – Impleadment of Parties – Pending Litigation – Specific Performance – Defendant No.1 executed an agreement for sale of land – Defendant No.1 died and respondents No.1 to 3 were impleaded as legal representatives – Respondents No.1 to 3 sold entire land to respondents No.16 & 17 via two separate sale deeds – Respondents No.16 & 17 sought impleadment as necessary parties under Order 1 Rule 10 CPC – Held, impleadment of respondents No.16 & 17 as parties under Order 1 Rule 10 CPC against settled principles – Assignee of suit property during pending litigation may continue or defend suit under Order 22 Rule 10 CPC – Respondents No.16 & 17 permitted to move application under Order 22 Rule 10 CPC – Defense limited to original written statement. [Paras 1-21]

Assignment and Continuation – Analysis – Held – Order 22 Rule 10 CPC deals with situations where a party assigns property or an interest devolves during litigation – Assignee may file application to be substituted and continue litigation – Impleadment under Order 1 Rule 10 CPC allows full participation as original defendant – Limitation of assignees to defenses of original defendants ensures procedural fairness – Respondents No.16 & 17 to apply under Order 22 Rule 10 CPC to step into shoes of original defendants without reopening settled matters. [Paras 11-14]

Decision – Allowing Revision Petition – Court sets aside trial court's order allowing impleadment under Order 1 Rule 10 CPC – Grants liberty to respondents No.16 & 17 to apply under Order 22 Rule 10 CPC within one month – Trial court to decide application as per law – Impleadment limited to defenses available to original defendants – Previous proceedings unaffected. [Para 21]

Court Fees – Ad Valorem Fee – Sale Deed Signed by Minor – Fraud Allegation – Petitioner challenged the trial court's order directing him to pay ad valorem court fee on the sale consideration of a sale deed allegedly signed by him as a minor – Held, sale deed executed on behalf of minor through guardian on better footing than petitioner’s case where signatures obtained by fraud – Petitioner required to pay ad valorem court fee under Section 7(iv)(c) of the Court Fees Act – Petition dismissed. [Paras 1-8]

Comparison of Cases – Analysis – Held – Supreme Court’s ruling in Suhrid Singh @ Sardool Singh v. Randhir Singh and others distinguished – Non-executant suits attract nominal court fee, but executant challenging a sale deed must pay ad valorem fee – Petitioner’s case weaker than a minor’s sale deed executed by guardian – Trial court's order correct, no interference warranted. [Paras 6-7]

Decision – Dismissing Petition – Court upholds trial court's order requiring petitioner to pay ad valorem court fee on sale consideration – Petition dismissed, no interference in revisional jurisdiction. [Para 8]

Criminal Law – Kidnapping and Rape of Minor – Plea of Consent – Appellant convicted for kidnapping and raping a minor girl – School records and medical evidence established victim’s age as 14 years – Plea of consent dismissed as minor cannot consent – Conviction and sentence upheld. [Paras 1-27]

Victim’s Age and Evidence – Analysis – Held – School headmaster testified victim's age as 14 years based on school records – Medical examination corroborated age – Defence failed to disprove school records or produce evidence of majority – Age established beyond doubt, negating consent argument. [Paras 13-14]

Seriousness of Offence – Rape by Kidnapping – Analysis – Held – Rape by kidnapping a minor girl is a severe crime affecting victim’s dignity and honour – Victim suffered additional trauma due to loss of father shortly after incident – Sexual violence recognized as a crime against society – Sentence affirmed, emphasizing need for strict punishment. [Paras 23-25]

Decision – Dismissing Appeal and Awarding Compensation – Appeal dismissed on merits – State directed to pay ₹5 lakhs compensation to victim and additional ₹5 lakhs for loss of father – Compensation aimed at rehabilitation and addressing trauma faced by the victim. [Paras 27]

Service Law – Dismissal for Fake Certificate – Teacher’s Role Model Responsibility – Petitioner, an S.S. Master, dismissed for obtaining promotion based on a fake M.A. degree – Claimed similar leniency as another individual who received compulsory retirement – Held, teachers are role models and must maintain high integrity – Permitting leniency in such cases sends wrong signal – Dismissal appropriate given petitioner’s undue advantage of delay – Compulsory retirement inappropriate as it could result in substantial retiral benefits – Petition dismissed. [Paras 1-17]

Fake Degree and Promotion – Analysis – Held – Teacher’s role crucial in shaping young minds – Indulgence in fake certificates for promotion undermines educational integrity – Petitioner obtained undue benefits from delay in proceedings – Case handled as per strict standards to serve as deterrent – Supreme Court judgment in Adarsh Shiksha Mahavidyalaya cited to highlight importance of teacher’s character and qualifications. [Paras 14-15]

Decision – Dismissing Writ Petition – Court upholds dismissal from service for submitting fake degree – Leniency not justified for educational professionals – Authorities urged to handle similar cases expeditiously to deter misuse of fake qualifications – Petition dismissed with direction for recovery of undue benefits drawn from fake degree. [Para 17-18]

Service Law – Recruitment – Denial of Appointment on Criminal Grounds – Petitioner's selection for post of Constable was withheld due to his name being mentioned in a criminal case – Investigation revealed no involvement of petitioner, declaring him innocent – State contended petitioner could still be summoned under Section 319 Cr.P.C. – Held, mere possibility of being summoned is not sufficient to deny appointment – Petitioner had no pending criminal case, was not arrested, nor cited as a witness – Denial of appointment on hypothetical future events is unfair – State directed to consider petitioner’s appointment within 30 days. [Paras 1-17]

Criminal Law – Section 319 Cr.P.C. – Analysis – Held – The possibility of summoning under Section 319 Cr.P.C. must be clear, distinct, and very likely to happen – Hypothetical future events cannot injure civil rights – Petitioner’s mere presence during the incident does not imply direct involvement – No criminal case pending or involvement in any capacity justifies consideration for appointment. [Paras 4, 9, 13, 15]

Decision – Allowing Writ Petition – Court quashes State’s denial of appointment based on potential Section 319 Cr.P.C. implications – Mandamus issued to consider petitioner for appointment within 30 days – Petitioner entitled to notional benefits from the date of initial selection and salary from date of petition filing. [Paras 16-17]

Civil Procedure – Amendment of Plaint – Possession and Fraud – Petitioner filed suit for permanent injunction against defendant No.1 – Sought to amend plaint to include particulars of fraud alleged to be played by defendant No.1 – Trial Court denied amendment, stating trial had commenced – Held, Order 6 Rule 17 CPC permits amendment at any stage for determining real questions in controversy – Trial not commenced as no evidence led by parties – Petitioner entitled to amend plaint to specify fraud allegations – Trial Court’s order not sustainable – Impugned order set aside. [Paras 1-20]

Amendment After Commencement of Trial – Analysis – Held – Amendment permissible if trial has not commenced in essence, meaning no evidence led by parties – Issues framed do not equate to commencement of trial – Amendment necessary to detail allegations of fraud – Application of Order 6 Rule 17 CPC clarified – Real questions in controversy must be addressed through amendments. [Paras 18-20]

Decision – Allowing Revision Petition – Court sets aside Trial Court’s order – Petitioner allowed to amend plaint to include detailed allegations of fraud – Case remanded for further proceedings as per law. [Para 21]