KARAM CHAND Vs. UNION OF INDIA

JUDGEMENT

(1.) This appeal is directed against the judgment of a Division Bench of Punjab and Haryana High Court wherein the Division Bench had dismissed the writ petition filed by the appellant.

(2.) The brief facts of the case are as follows : Urban agricultural land measuring 22 kanals 2 marlas comprised in Khasra Nos. 737, 738, 740 and 741 situated in the revenue estate, Jalandhar was put to auction by the Rehabilitation Department of the Government of India on 31st July, 1959 in which Rameshwari Dass, husband of Respondent No. 4 offered the highest bid of Rs. 13,600/-. The sale was confirmed on 24th September, 1959. One Harnam Singh claiming to be the lessee of the land, challenged the aforesaid sale in the High Court of Punjab and Haryana in Civil Writ Petition No. 24 of 1960. The writ petition was accepted and the concerned press note and the circular in pursuance thereof and the auction were set aside on 17-3-1961 on the ground that the press notes issued by the Central Government had no legal force. It is a matter of record that subsequently this Court in the case of Surinder Singh vs. Central Government and others, AIR 1986 SC 2166, held such procedure to be valid.

(3.) Karam Chand, appellant herein, claiming to be the sub-lessee of the land applied for transfer of Khasra No. 737 (5 kanals 10 marlas), Khasra No. 738 (15 kanals 6 marlas) to the Managing Officer of the Central Government. During the pendency of his application, the land was again scheduled for auction for the 4th June, 1969. The appellant filed an application before the Settlement Commissioner to stay the auction. The Settlement Commissioner by his order dated 3rd June, 1969 stayed the auction. Ultimately the appeal filed by the appellant was accepted by the Settlement Commissioner on 19th January, 1970 and it was directed that application submitted by him for the transfer of the land as a sub-lessee should be disposed of according to the instructions issued by the Department. It is pertinent to mention here that Rameshwari Dass was not made a party in the appeal or in the remand proceedings before the Managing Officer.