JOGINDER PAUL Vs. FINANCIAL COMMISSIONER

JUDGEMENT

(1.) The petitioner has impugned the order of the Financial Commissioner, Revenue and Secretary to Government, Punjab, Rehabilitation Department with delegated powers of the Central Government under Section 33 of the Displaced Persons (Compensation and Rehabilitation) Act, 1954, for short, the Act, dated June 20, 1980 in this Civil Writ Petition under Articles 226/227 of the Constitution of India.

(2.) Evacuee Brick Kiln No. 23 situated in village Punam, District Hoshiarpur was put to tender sale by the Rehabilitation authorities. The petitioner's tender was the highest and the same was accepted, by the Regional Settlement Commissioner on June 19, 1960, Respondent No. 3 made a reference to respondent No. 2 for cancelling the tender of the petitioner. The reference was returned by respondent No. 2. Respondent No. 3 again made the reference on September 7, 1977 to respondent No. 2. The relevant portion of the order reads thus. :-

(3.) The learned Counsel for the petitioner submitted that the power under Section 24 of the Act was exercised after considerable delay and that the cancellation is not warranted by the rules. The submission is bereft of any merit. The delay is one of the factors to be taken into consideration while scrutinising the orders of the officers passed under the Act. The point of delay was not raised before them. Having waived the point of delay before the Officers under the Act, it is not permissible for the petitioner to raise the same in writ jurisdiction. The point of delay is not purely a question of law, but has to be answered on proved facts of the case. In the instant case, the point of delay is inconsequential for the reasons that the Officers under the Act on appraisal of the record had come to the con clusion that the tender offer. Exhibit P.A., submitted by the petitioner was manipulated with the view to give undue advantage to him.