SHER SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) THIS writ petition is filed against the orders of Deputy Secretary (Rehabilitation)-cum-Settlement Commissioner Haryana dated 21. 10. 1981.

(2.) THE agricultural and admeasuring 34 bighas 1 biswa comprising in khasra No. 237 Min was an evacuee property which was acquired by the Central Government Under Section 12 of the Displaced Persons (Compensation and Rehabilitation) Act, 1954. The said land was transferred to the State of Punjab in fine year 1961 under 'package Deal. Thereafter, the said property was put to auction on 13. 5. 1965 which is a restricted auction in which only persons belonging to the Scheduled Castes were allowed to take part in the auction. The 3rd respondent became the highest bidder having bid it for a sum of Rs. 5210/ -. He also deposited the five percent of the sale amount according to the conditions of the auction. Thereafter, one Chandgi Ram filed a writ petition questioning the sale in auction in CWP No. 94 of 1965. The said writ petition was dismissed on 20. 7. 1972. Even after the dismissal of the writ petition the said Chandgi Ram raised certain objections before the Additional Settlement Officer-cum-Settlement Commissioner, who rejected the objections vide his order dated 29. 1. 1973. While rejecting the objections of Chandgi Ram, the Additional Settlement Officer also confirmed the sale held in favour of 3rd respondent. However, he directed that the auction purchaser should pay the balance of the earnest money in the instalments in accordance with the conditions applicable in regard to the restricted auction failing to comply with the said instructions, the sale would have been deemed to have been set aside. Thereafter, it appears the auction purchaser namely the 3rd respondent did not pay the balance of the earnest money. On that ground the land was put to re-auction on 24. 4. 1974. In the said re-auction one Pirthi Singh was the highest bidder and said Pirthi Singh sold the land to the writ petitioner for a sum of Rs. 20,000/-under a sale deed dated 9. 12. 1977. On 25th of September, 1978, the 3rd respondent who is the original auction purchaser of the land filed a revision petition before the Deputy Secretary (Rehabilitation)-Cum-Settlement Commissioner (2nd respondent) for setting aside the 2nd auction in favour of Pirthi Singh. The said revision petition was allowed by 2nd respondent on 21. 10. 1981. Aggrieved by the said order, the petitioner who is the purchaser from the 2nd auction purchaser filed this writ petition challenging the order of the 2nd respondent dated 21. 10. 1981.

(3.) THERE is no dispute that the 3rd respondent became the highest bidder at the auction and purchased the disputed land for a sum of Rs. 5210/ -. At the time when the auction was held in the year 1965, the auction purchaser has to deposit 5 per cent of the bid amount, but could not deposit the further amount and possession was also not delivered to him because of the writ petition filed by Chandgi Ram in CWP No. 94 of 1965. The writ petition was pending in this Court for about 7 years and it was disposed of on 20. 7. 1972. It is pertinent to note that during the pendency of the writ petition there was stay of confirmation of the auction and further proceedings in pursuance of the auction. Therefore, the 3rd respondent could not pay the balance of the sale consideration or the instalment thereof. Even after the dismissal of the writ petition in 1972, Chandgi Ram raised certain objections for confirmation of the sale before the Additional Settlement Officer-cum-Settle-ment Commissioner, Ambala but by his order dated 29. 1. 1973 rejected the objections. While rejecting the objections filed by Chandgi Ram, the Additional Settlement Officer cum-Asstt. Settlement Commissioner, Ambala passed the following final order: