PARAMJIT SINGH Vs. FINANCIAL COMMISSIONER

JUDGEMENT

(1.) BRIEFLY stated, the facts are that Manna Singh s/o Sh. Dhana Singh was father of Paramjit Singh, Jaswant Kaur and Gurbachan Kaur and grandfather of Gurpreet Singh son of Paramjit Singh, who are petitioners in Civil Writ Petition No. 6057 of 1983.

(2.) THE acquired evacuee agricultural land comprised in Khasra No. 1028/880/456-57 bearing property No. B-XII/2131-2133 situated in the revenue estate of Taraf Gohlewal, Ludhiana, was put to public auction by the Rehabilitation Department, Government of India on 19.2.1966. Manna Singh father of Paramjit Singh etc. gave the highest bit of Rs. 1,09,500/- as against the reserved price of Rs. 75,000/-. The said bid was accepted by the Managing Officer vide letter dated 16/22.4.1966, copy of which is Annexure P-1 with the writ petition. He was directed to deposit the balance amount of Rs. 87,600/- after adjusting the sum of Rs. 21,900/- received as earnest money into the Government Treasury within 15 days of the receipt of the letter. However, Manna Singh could not deposit the balance amount and requested for extension of time for payment of the balance amount. Ultimately, extension was granted upon 31.10.1966 by the then Regional Settlement Commissioner, acting as Chief Settlement Commissioner, as the powers were delegated to him under Rule of 90 the Displaced Persons (Compensation and Rehabilitation) Rules, 1955 and this order was made on 4.10.1966 (copy of which is Annexure P-2 with the writ petition).

(3.) HOWEVER , Manna Singh could not take possession of the suit land and he was obstructed by S/Shri Harbans Lal, respondent No. 3 and Kasturi Lal, respondent No. 4 (now dead) represented by his legal representatives, Bhupinder Nath etc. They even filed a suit for permanent injunction against Manna Singh for restraining him from taking possession of the land in dispute which was ultimately dismissed by Senior Sub-Judge, Ludhiana on 22.2.1971.