PIARA SINGH Vs. THE CHIEF SETTLEMENT COMMISSIONER

JUDGEMENT

(1.) It is averred in the petition that the petitioner was in possession of evacuee land hearing No. V/94 (house) at Pundori, District Kurukshetra. This property was put to auction on May 29, 1969. The petitioner was the highest bidder for a sum of Rs. 6,300/ -. The bid was accepted by respondent No. 2 and that the petitioner deposited 25% as earnest money amounting to Rs. 1,260/ -. It is the case of the petitioner that respondent No. 2 did not disclose reserved price of the property in question. However, it is subsequent to the acceptance of the bid that the reserved price has been noticed as Rs. 14,193/ -.

(2.) Shri Prabhu Dayal son of Bhana Ram, respondent No. 3 who was residing in the adjacent building, filed an application for transfer of the house to his name which was declined by the Managing Officer. Resultantly, he filed an appeal before the Assistant Settlement Commissioner, which was dismissed vide order dated August 30, 1969. Against the said order, a petition was filed before the Chief Settlement Commissioner, Haryana which was dismissed in default vide order dated February 12, 1973.

(3.) Thereafter, the petitioner sought permission to deposit the balance amount of money which was not accepted. An application was filed by the petitioner before the Chief Settlement Commissioner for permission to deposit balance amount of auction price. The Chief Settlement Commissioner called for the comments of Tehsildar (Sales) and upon report thereof, instead of confirming the same, the auction held was set aside vide order dated January 10, 1975 and it was ordered that the property in question be re -auctioned.