- (1.) Challenge in this writ petition is, to an order dated 24.10.1983 passed by the Joint Secretary, Rehabilitation-cum-Settlement Commissioner, Haryana, Chandigarh and the consequent auction notice dated 17.4.1984.
(2.) The petitioners purchased land measuring 44 K 2 M bearing Khasra No.64/1, 3 to 7 and 14 Min situated in Village Munak, Tehsil and Distt. Karnal, in a restricted auction held by respondent no.2, on 15.1.1981. The highest bid of Rs.40,000/- offered by the petitioners was accepted. The petitioners deposited Rs. 5,000/- being 1/8th share of the auction money. Respondent no.3, filed an objection petition on 23.1.1981 and offered Rs.48,000/- against the sale price of Rs.40,000/- by alleging that she was in physical possession for the last many years and notice of the auction had not been served upon her. Respondent no.3 was directed to deposit the challenge money by 23.6.1983. It is asserted by the petitioners that as respondent no.3 failed to deposit the challenge money, the restricted auction held in favour of the petitioners was confirmed by the Additional Settlement Officer (Sales), Chandigarh on 23.6.1983.
(3.) Aggrieved by the confirmation of sale, respondent no.3, filed a revision under Rule 11 of the Punjab Package Deal Properties (Disposal) Rules,1976. The Joint Secretary, Rehabilitation, Haryana, vide order dated 24.10.1983, accepted the revision by holding that the objections are genuine, respondent no.3 was prevented from taking part in the auction, on account of inadequate publicity. As a consequence, the sale in favour of the petitioners was set aside and the re-auction was ordered after wide publicity and by observing all requisite formalities.;