HAZARA SINGH Vs. COMMISSIONER, JULLUNDUR DIVISION

JUDGEMENT

(1.) HAZARA Singh and Gujjan Singh have filed this writ petition under Articles 226/227 of the Constitution of India, seeking a writ in the nature of certiorari for quashing the impugned orders, Annexure P-1 dated 31.7.1979 passed by the Sales Commissioner, Kapurthala, Annexure P-2 dated 27.1.981 passed by the Deputy Commissioner-cum-Chief Sales Commissioner and Annexure P-3 dad 25.5.1983 passed by Commissioner, Jalandhar Division, Jalandhar.

(2.) BRIEFLY stated, the facts necessary for the decision of the writ petition are that petitioner No. 1, Hazara Singh, was allotted surplus rural evacuee agricultural land measuring 78 kanals 16 marlas situated in village Allaudinpur through auction on 20.11.1975 by Tehsildar (Sales), Kapurthala. He was the highest bidder for a sum of Rs. 34,000/-. However, subsequently, name of Gajjan Singh, petitioner No. 2, was also inserted by Tehsildar (Sales) on 2.4.1976 on the application of petitioner No. 1 and the conveyance deed was ordered to be issued in the name of both the petitioners jointly. The petitioners did not deposit the requisite instalments. Respondent No. 3, the Sales Commissioner, Kapurthala, vide order dated 31.7.1979, Annexure P-1, cancelled the sale without hearing the petitioners. Aggrieved by the said order, the petitioners preferred an appeal before respondent No. 1, Deputy Commissioner-cum-Chief Sales Commissioner, Kapurthala, which was dismissed vide order dated 27.1.1981, Annexure P-2. They still further preferred revision against the said order dated 27.1.1981 to the Commissioner, Jalandhar Division, Jalandhar, which was also dismissed vide order dated 25.5.1983, Annexure P-3.

(3.) THE respondent did not appear despite service. Hence, this writ petition was admitted by the Division bench vide order dated 20.9.1983.