HARI KISHAN Vs. CHIEF SETTLEMENT COMMISSIONER

JUDGEMENT

(1.) Urban properties Nos. 165/1 and 170 C at Sangrur were package deal properties and were put to auction from time to time in which the highest bidder was Dr. Rewa Ram, respondent No. 4. The auction sales in his favour were not accepted as they were for a price less than the reserved price. Ultimately, the department reduced the reserved price of the properties in dispute to Rs. 7,405/ and thereafter, these were put to auction on 27th of March, 1967, in which Hari Kishan petitioner gave the highest bid of Rs. 7,250/- and deposited 1/4th of the auction bid. Later on, respondent No. 4 filed objections against the auction bid made in favour of the petitioner. The objections were accepted by order dated 30th of August, 1967 (Annexure 'A') and the auction in favour of the petitioner was set aside and the case was sent back to the Tehsildar Sales cum Managing Officer for considering the entitlement of respondent No. 4 under the application filed by him in the year 1963 for transfer of the property in dispute on reserved price.

(2.) Thereafter, the Tehsildar Sales cum Managing Officer transferred the property in dispute to respondent No. 4 by order dated 23rd of September, 1967 (Annexure 'B') and that transfer was approved by the Settlement Commissioner by order dated 31st October, 1967.

(3.) In the meantime, the petitioner filed an appeal/revision against order Annexure 'A' before the Chief Settlement Commissioner, Punjab, which was dismissed on 5th April, 1968 (Annexure 'C') on the ground that the property has already been transferred to respondent No. 4 on a price which was more than the bid of the petitioner. Against order Annexure 'C', the present petition under Articles 226 and 227 of the Constitution of India has been filed.