KARAM SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) The petitioner, through this writ petition, has sought for quashing the impugned orders Annexures P-3 dated 28th October, 1976 passed by Consolidation Officer, Rohtak, P-4 dated 20th October, 1976 of Assistant Director (Consolidation of Holdings), Haryana, Rohtak, P-7 dated 23rd November, 1978 of Director Consolidation of Holdings, Haryana, Chandigarh and P-8 dated 13th November, 1978 passed by the Director, Consolidation of Holdings, Haryana on the ground that the Consolidation authorities had no jurisdiction without impleading the Central Government or Rehabilitation Department making a party to the proceedings. It is asserted that the Director, Consolidation of Holdings, Chandigarh passed the perfunctory orders, Annexures P-7 and P-8 in which neither the facts were discussed, nor the speaking orders were passed as to why the explanation of delay was not satisfactory. The proceedings were in quasi-judicial nature.

(2.) The facts leading to the instant case are that the land measuring 6 bighas 19 biswas bearing Khasra Nos. 5850, 5851, 5857/2, 5855, 5759/2, 5860, 5861/1, 5865 5893, 5964 and 5965 min situated in village Garhwal, Tehsil Gohana, District Sonepat was put to auction on 22nd January, 1976. The petitioner gave highest bid of Rs. 28,000/-. Against this auction, Ram Chand and others filed appeal/revision, but the same was dismissed. The auction in favour of petitioner Karam Singh was confirmed by the Deputy Secretary, Rehabilitation-cum-Settlement Commissioner vide his order dated 18th April, 1977. Aggrieved against this order, Ram Chand and others field a petition under Section 33 of the Displaced Persons (Compensation and Rehabilitation) Act, 1954, before the delegatee of the Central Government but the same was dismissed in limine on 22nd June, 1977. The possession of the land purchased by the petitioner was delivered to him on 27th December, 1977. Respondent No. 5 Giani was directed to harvest his crops standing in the filed upto 4th December, 1978. Later on it came to the notice of the authorities that Khasra No. 5893 was inadvertently sold and in lieu of this Khasra No. (sic) land measuring 3 Kanals 4 Marlas was allotted in consolidation operation. A reference was made by the Naib Tehsildar (Sales), Sonepat for the cancellation of auction of Khasra No. 5893. The said reference was accepted by the Deputy Secretary, Rehabilitation-cum-Settlement Commissioner vide order dated 17th August, 1979 and it was directed that proportionate amount be refunded to the petitioner i.e. auction-purchaser. In lieu of Khasra Nos. which were sold to the petitioner on 28th January, 1976 after consolidation operation, Rect No. 138/11, 2/1, Rect. No. 139 Killa No. 5, Rect. No. 118, Killa No. 25/4, Rect. No. 135, Killa No. 17, 24/1, Rect. No. 150 Killa No. 1/1 were allotted.

(3.) The case of the petitioner is that he came to know that Consolidation Officer, Rohtak, had withdrawn Killa No. 118/25 vide his order dated 28th October, 1976 on the application of Surja, respondent No. 6, and on the application of one Chandgi, Killa 138/1-2 south was withdrawn and in its place Killa No. 135/17 north-west was allotted by the Assistant Director, Consolidation of Holdings, Rohtak, vide order dated 20th October, 1976. It was contended on behalf of the petitioner that the Central Government or the Rehabilitation Department was not made party to the proceedings by Consolidation Officer and the Assistant Director, Consolidation of Holdings. Copies of the orders passed by the Consolidation Officer and Assistant Director are Annexures P-3 and P-4 respectively. The petitioner came to know about the above said changes at the time of taking possession in December, 1977 and 1978. He filed a petition under Section 42 of the East Punjab Holdings (Consolidation and Prevention of Fragmentation) Act, 1948. The same was dismissed by the Director, Consolidation of Holdings, Haryana, without passing a speaking order and no opportunity of hearing was afforded to the petitioner. The petition was dismissed as time-barred.