STATE OF PUNJAB Vs. ASHOK SINGH GARCHU
LAWS(SC)-2008-12-86
SUPREME COURT OF INDIA
Decided on December 19,2008

STATE OF PUNJAB Appellant
VERSUS
ASHOK SINGH GARCHA Respondents

JUDGEMENT

- (1.) No ground is made out for granting leave under Article 136 of the Constitution of India. The special leave petitions are therefore dismissed. We would however like to make a few observations in regard to the manner in which special leave petitions are drafted and filed, as this case is a typical example of lack of care and attention in drafting the petitions and list of dates.
(2.) The case of the petitioners is that there was a public auction sale of certain surplus evacuee rural lands on 5.12.1963; that on account of collusion between the officers holding the auction and one Shamsher Singh, there was no proper proclamation and consequently, the members of public were not present at the time of auction; and that the said Shamsher Singh cornered several lands by bidding in the names of his several relatives (respondents herein or their predecessors)at low prices.
(3.) But interestingly, we find that the synopsis/memo of dates filed by the petitioner along with the special leave petition, sets out a diametrically opposite case, as follows: It is humbly submitted that the land measuring 78 Kanals 16 Marlas situated in village Khera Bet, Tehsil and District Ludhiana was put to open auction on December 5, 1963. Due process as required under the rules was followed before the auction proceedings were conducted. 70 persons including ex-sarpanch and nambardar (were present). However, the land being totally waste, and on the bank of river Satluj, only a few persons participated in the auction. The bid sheet has been placed on the record as Annexure P-1. After auction proceedings the record was submitted to the competent authority, namely settlement officer for approval and confirmation of the bid, which was confirmed as no objection was raised by any body. (emphasis supplied);


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