Surya Kant, J. - (1.) THE petitioner seeks quashing of the order dated 27.02.2009 passed by the Chief Commissioner [Sales], Haryana [Annexure P -2] as well as the order dated 18.05.2011 [Annexure P -4J passed by the Financial Commissioner -cum -Principal Secretary, Government of Haryana, Revenue and Disaster Management Department, up -holding the above mentioned order of the Chief Commissioner [Sales].
(2.) THE case has a chequered history. Land measuring 44 kanals 2 marlas situated in village Moonak, District Karnal was put to restricted auction which was meant for the members of the Scheduled Caste community only, by the Rehabilitation Department on 14.07.1977 and it fetched the highest bid of Rs. 7500/ - given by one Banwari son of Antu. The said auction was challenged by one Ajit Singh offering the higher amount of Rs. 9000/ -. The then Chief Commissioner [Sales] vide order dated 12.02.1980 ordered re auctioning of the land. The restricted auction was again held on 15.01.1981 and Sardari Lal and Chuni Lal sons of Shri Khazan Chand, predecessors -in -interest of the petitioner were the highest bidders for a consideration of Rs. 40,000/ - and they deposited a sum of Rs. 5000/ - being l/8th of the total bid amount. Smt. Maina Devi @ Munni Bai widow of Antu Ram [mother of Banwari Lal, who, was the highest bidder in the auction held on 14.07.1977] filed objections contending that no proper munadi was conducted and general public did not get any information regarding the second restricted auction held on 15.01.1981. Her objections were rejected and auction was confirmed by the Additional Settlement Officer [Sales] vide order dated 23.06.1983. Warrants of possession were also issued in favour of Sardari Lal and his brother being the highest bidders in the subsequent auction dated 15.1.1981. However, possession could not be delivered to them as the highest bidder of the previous auction, namely, Banwari Lal and his mother Smt. Maina Devi @ Munni Bai started fighting with the authorities at the spot as they were presumably in possession of the property. Smt. Maina Devi meanwhile filed a revision petition before the Joint Secretary [Reha -bilitation -cum -Settlement Commissioner, Haryana and offered a higher amount of Rs. 48,000/ -. She was asked to deposit Rs. 4000/ - to prove her genuineness and she deposited the said amount.
(3.) THE Joint Secretary -cum -Settlement Commissioner vide order dated 24.10.1983 accepted the revision petition of Smt. Maina Devi and while setting aside the second auction dated 15.01.1981, directed re -auction of the land with the initial bid of Rs. 8,000/ -;