JAI DAYAL Vs. DEPUTY SECRETARY (REHABILITATION)

JUDGEMENT

(1.) Petitioner Jai Dayal and another have approached this Court so as to seek a writ in the nature of Certiorari quashing order Annexure P8.

(2.) Brief facts of the case need to be first noticed :-

(3.) The matter has been contested on behalf of respondents No. 1 and 2 who have filed written statement through Shri B.D. Dhalia, IAS, Joint Secretary to Government of Haryana as also respondent No. 3 who filed separate written statement. It is maintained in the reply filed on behalf of respondents No. 1 and 2 that land measuring 44 kanals and 18 Marlas was put to auction restricted to Harijana on 6.10.1967 and petitioner No. 1 turned out to be the highest bidder for Rs. 800/-. The amount was to be paid by the petitioners in instalments. However, the land in dispute had earlier been auctioned on 12.51967 in favour of Tala Ram and the said auction was still intact when the land was auctioned in favour of petitioner No. 1. It is for this reason, it is stated that the land was not available for action/sale in favour of petitioner No. 1. It ia also averred in the written statement that the auction in favour of Bhagwana respondent No.3 also appeared to be invalid as the land was not available for auction as the same had already been auctioned in favour of petitioner No.1. In so far as respondent No.3 is concerned, he has come with the preliminary objection as well which is that the petition deserves to be dismissed as material facts have been suppressed from this Court. It is averred that respondent No. 3 i.e. Bhagwana had filed a civil suit in the Court of Sub Judge Panipat for permanent injunction restraining the petitioners from forcibly disposessing him. An application under Order 39 Rules 1 and 2 was also filed and ad interim injunction was granted to him after contest on 19.3.1980. It is this fact which is stated to have been suppressed dis-entitiling the petitioners from seeking any relief from this court.