KASHMIR CHAND Vs. FINANCIAL COMMISSIONER, HARYANA

JUDGEMENT

(1.) The petitioner has filed this writ petition under Article 226/227 of the Constitution of India for issuance of appropriate writ, order or direction seeking quashing of order dated 1.5.1980, Annexure P-5.

(2.) Kashmir Chand was the highest bidder in respect of plot measuring 350 square yards situated in Sirsa in an open auction held in July, 1971. The highest bid was for a sum of Rs. 46,000/-. He deposited a sum of Rs. 11,500/- but defaulted in paying the remaining amount of sale consideration. It is case of the petitioner that though he visited the office of Tehsildar (Sales) for depositing the remaining amount yet the same could not be deposited as the original file was not traceable, the same having been with the Vigilance Department. However, to utter surprise, the amount of Rs. 11, 500/- was ordered to be forfeited vide order dated 13.3.1974, Annexure P-1, and the petitioner was directed to be informed. The concerned officer further directed that the property be put to auction. This order was challenged before the Chief Settlement Commissioner who took a lenient view of the matter and allowed the petitioner to deposit the balance amount due alongwith interest at the rate of 12% by 1. 11. 1975 with a further stipulation that in case he fails to deposit the amount by 1.11.1975 the amount already paid by him shall stand forfeited and the petitioner's property shall be resumed and put to reauction vide order dated 21.5.1975, Annexure P-2. It is again the petitioner's case that though he had been attempting to deposit the amount, yet the same has not been accepted earlier on account of the fact that the file was with the Vigilance Department and later on account of stay order granted by the higher authorities which is evident from the letter written by the Tehsildar (Sales) to the Financial Commissioner, Haryana Letter No. 847-C-1-NTS dated 15.2.1979. The relevant portion reads as under :-

(3.) Rule 90 of the Displaced Persons (Compensation & Rehabilitation) Rules, 1955, deals with the procedure for sale of property by public auction. Relevant provisions of Rule 90 of the Displaced Persons (Compensation & Rehabilitation) Rules, 1955 (for short "the Rules") are hereunder reproduced: