BAKHTAWAR SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) THIS writ petition is directed by the petitioners, Bakhtwar Singh and Modi Ram under Articles 226 and 227 of the Constitution of India for issuance of a writ of certiorari, quashing the impugned orders Annexures P-1 and P-4.

(2.) BRIEFLY stated, the facts are that the petitioners were Harijans by caste and were residents of Haryana State. The State formulated a scheme to put in restricted auction the evacuee land comprised in Rectangle Nos. 81 to 84 and 86 to 88 situated in village Mori, Tehsil and District Mohindergarh at a nominal price in order to rehabilitate and for the uplift of weaker section of the society i.e. Harijans. Before auction, it was divided into small plots of 4 acres each, so, as to enable many Harijans families to be settled there. A passage was carved out on the northern side of Killa Nos. 81//24 and 25, 82//21, 22, 23, 24 and 25, 83//21, 22 and 23 and on the eastern side of Killa Nos. 83/23 and 86/3.

(3.) IT was next averred that respondent No. 3. Ram Chand, was employed in the office of Sub Divisional Officer (Civil) and was an influential person and got the entire area of Killa No. 83/22 and 83/23 in a secret auction without excluding the area of the passage on the northern side of Killa No. 83/22 and on the northern eastern side of Killa No. 83/23. The said sale was confirmed on 8.2.1972 and sale certificate was issued on 7.7.1979.