UTTAM SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) This order will dispose of Civil Writ Petition Nos. 1354, 1407 and 1408 of 1987. The facts as stated in CWP No. 1354 of 1987 may be noticed.

(2.) An area measuring 10 standard acres (79.19 Kanals) of evacuee Banjar land was leased out to the petitioner from Kharif 1961 till Rabi 1971 at an annual rent of Rs. 2.50 per acre. In 1965, the Tehsildar (Sales), respondent No. 3, auctioned this land and it was purchased by respondent Nos. 4 and 5. It is averred that the auction purchasers did not deposit any amount towards the sale price of the land in dispute. When the Tehsildar called upon the petitioner to vacate the land he filed C.W.P. No. 1243 of 1965. This writ petition was heard and accepted by B.R. Tuli, J., vide judgment which has been placed on record as Annexure P.l. It is averred that thereafter no steps were taken by the Government to dispossess the petitioner from the land in dispute. The Punjab Government issued a press-note calling upon members of the backward classes to purchase the evacuee lands in their possession. The petitioner avers that he moved applications for the purchase of the land in his possession in the years 1976 and 1978. An application is also stated to have been submitted in the year 1980. This application is stated to have been entered in the office record of respondent No. 3 at Sr. No. 225 on August 14, 1980. It is averred that this application has not been decided by the Tehsildar (Sales) on the ground that the land has already been soldby auction in 1965 to respondent Nos. 4 and 5. Averring that on March 6, 1987, the petitioner was called upon by respondent No.3 to his office and directed to vacate the land in dispute by March 17, 1987, the present petition has been filed. It has been prayed that a writ of mandamus be issued quashing the sale by auction held in 1965 and directing respondent Nos. I to 3 to decide the application of the petitioner for the purchase of the land. A copy of the judgment in CWP No. 1243 of 1965, which was decided on July 23, 1974 has been appended as Annexure PA with the writ petition. Another copy of the judgment in CWP No. 1409 of 1965 (Thakur Singh v. The State of Punjab etc.) decided by Shamsher Bahadur, J. on December 18, 1967 has been appended as Annexure P.2 with the writ petition.

(3.) Two separate written statements have been filed. One written statement has been filed on behalf of respondent Nos. I to 3 while another has been filed on behalf of respondent Nos. 4 and 5. In the written statement filed on behalf of respondent Nos. I to 3, it has been inter alia averred that the land in, dispute was leased out to the petitioner for a period of 10 years from Kharif 1961. This lease, it is averred, expired in Rabi 1971. During the currency of the lease, the land was soldin a restricted auction confined to the landless members of the scheduled castes on January 8, 1965. It has been averred that respondent Nos. 4 and 5 were the highest bidders and their bids having been accepted, the petitioner has no right to continue in possession of the land. It has been further averred that the petitioner had made an application dated April 14, 1980 for the transfer of the disputed land on the basis of his possession under the press-note dated February 26, 1980. This application is stated to have been rejected "in his presence by the Tehsildar (Mahal)-cum-Sales Jagraon, vide his order dated August 6, 1980." It has been pointed out that the orders of rejection of the application having been passed in the presence of the petitioner couldhave been challenged by way of an appeal and revision under Sections 8 and 10 of the Punjab Package Deal Properties (Disposal Act, 1976. It has been further averred that the land having been soldin an auction to respondent Nos. 4 and 5, the petitioner is estopped from challenging it. It has been further averred that "the petitioner has no legal right to retain - possession of disputed land for an indefinite period. He will be dispossessed therefrom under due process of law, after observing the formalities prescribed under Section 7 (2&3) of Punjab Package Deal Properties (Disposal) Act, 1976 . A replication has been filed. A copy of the order dated August 6, 1980 by which the petitioner's claim for purchase of the land was rejected, has been produced as Annexure P.3. On behalf of the respondents, rejoinder to the application has also been filed.