- (1.) Appellant Bachna, who was respondent No.5 in the writ petition filed by Gurdip Singh, has filed the instant Letters Patent Appeal challenging the order dated 23.02.2012 passed by the learned Single Judge in C.W.P. No.14774 of 2009, whereby the orders of the Financial Commissioner, Commissioner and Chief Sales Commissioner have been set aside and the case has been remanded to the Chief Sales Commissioner for deciding the same afresh.
(2.) The brief facts of the case are that Gurdip Singh being a Scheduled Caste, participated in the restricted auction conducted by the Tehsildar (Sales) on 13.1.1976 for sale of 27 Kanals 4 Marlas of land situated in village Kalru, Tehsil Sultanpur Lodhi, District Kapurthala. He gave the highest bid for the said land. His bid was accepted and he deposited the requisite money. Before the said auction, Bachna had applied for the transfer of two khasra numbers, i.e., 27//19/2 and 22 total measuring 11 Kanals 4 Marlas, on the basis of possession over the said land from Rabi 1972. Undisputedly, these two khasra numbers were part of the above-said 27 Kanals 4 Marlas of land, but vide order dated 16.1.1975, i.e., much prior to the auction, the claim of Bachna for transfer of the aforesaid two khasra numbers stood rejected by the Naib Tehsildar (Sales) on the ground that the entries of Khasra Girdawaris showing his possession on the said two khasra numbers were suspicious. The appeal filed by Bachna against the said order was pending when the auction of the land had taken place. Ultimately, vide order dated 4.3.1976, the appeal filed by Bachna was accepted by the Additional Settlement Officer (Sales) and he was held entitled to 11 Kanals 4 Marlas of land, and the sale of the remaining land in favour of Gurdip Singh was held valid.
(3.) Feeling aggrieved against part of the order, Gurdip Singh filed revision petition before the Chief Sales Commissioner, who vide order dated 21.2.1977 accepted the revision and remanded the case for fresh decision, while making the following observations:- "I have given carefully consideration the arguments advanced by the respective parties according to the press Note dated 4.9.74 and the instructions of even date, issued by the Government for the guidance of the Tehsildar Sales the members of schedule castes and Rai Sikhs are entitled to the transfer of surplus rural agriculture land, provided their cultivating possession established to be continuous from the entries in the Khasra Girdawari from Rabi 1972 and they are heads of families etc. The main point for determination is whether or not the possession of Bachana is proved from the entries on Khasra girdawari from Rabi 1972 to be continuous and when he fulfills other conditions as well the learned counsel for Bachna has prayed that the original revenue record be summoned and the correct position be verified while the counsel for the auction purchaser Gurdip Singh has invited my attention to the copies of khasra girdawari placed on the transfer file to which the entries are of suspicious character since the point involved needs further probe. I set aside the impugned order dated 4.3.76 passed by Additional Settlement Officer (S) and remand the case to Tehsildar (S) for fresh decision. He should verify if possession of Bachna is established to continuous from entries of khasra girdawari from Rabi 1972 and whether he fulfills all other conditions transferred to him and the remaining area be given to the auction purchaser otherwise the sale of the entire land in favour of Gurdip Singh shall stand.";