Rajesh Bindal, J. - (1.) Challenge in this bunch of four writ petitions bearing Nos. 3570, 3571, 3598 and 3732 of 1982 is to the orders passed by Chief Sales Commissioner (Deputy Commissioner, Ludhiana) under Sec. 10 of the Punjab Package Deal Properties (Disposal) Act, 1976 (for short 'the Act') whereby sale of land in favour of the petitioners in auction proceedings was set aside.
(2.) Facts have been noticed from Civil Writ Petition No.3598 of 1982.
(3.) Briefly the facts, as narrated in the petition, are that large number of evacuee land situated at various places in the State of Punjab including village Khera Bet, Tehsil and District Ludhiana was lying unutilized for many years after partition of the country. The land in question was situated along with river Satluj. Initially no displaced person opted for allotment of this land in lieu of land left by them in Pakistan. Some time in 1961, all the unallotted evacuee waste land, including the land in question was transferred by the Central Government to the State of Punjab at a fixed price. This was done under a transaction popularly known as 'Package Deal'. For the disposal of this land, State Government framed the Rules for the Sale of Surplus and Rural Properties (for short 'the Rules') and appointed various officers for the disposal thereof by way of open auction or otherwise. 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. It is further alleged in the petition that at the time of auction about 70 persons were present including Ex -Sarpanch and Numberdar. 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 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 anybody. After purchase of land the petitioner made continues efforts and improved the quality of land by spending huge amount. It was after 17 years of allotment that petitioners was issued a notice by the Deputy Commissioner, Ludhiana as Chief Sales Commissioner under the Act, in exercise of powers conferred under Sec. 10 thereof. This was done in reference made to him by the Rehabilitation Department of the State. The petitioner objected to the proposed action of cancellation of sale, however, still vide order dated June 30, 1981 (Annexure P -4), Chief Sales Commissioner (Deputy Commissioner, Ludhiana) set aside the sale of the land in question in favour of the petitioners on the ground that proclamation for sale of land was defective and factum of auction is not recorded in any record maintained by the concerned Patwari. This is the order under challenge before this Court in the present petition.;