GURCHARAN SINGH Vs. FINANCIAL COMMISSIONER PUNJAB AND ANOTHER

JUDGEMENT

(1.) The petitioner has impugned the order of the Financial Commissioner, Revenue and Secretary to Government, Punjab, Rehabilitation Department, with delegated powers of Central Government under section 33 of the Displaced Persons (Compensation and Rehabilitation) Act, 1954, dated April 8, 1980 in this petition under Articles 226/227 of the Constitution of India.

(2.) The facts as found proved are : Property bearing No. B.XVI-786/9, Mohalla Piro Binda, Muradpura, Ludhiana was offered to respondent No. 2 at the assessed price of Rs. 3136/- plus 50 per cent surcharge, apart from the rent amounting to Rs. 685.35p. She paid the rent but defaulted in payment of the price of the property in terms of the order of offer. The offer was withdrawn on Dec. 28, 1966. The property was included in the sale programme and put to auction on Oct. 24, 1967. The petitioner purchased the same being the highest bidder at the auction sale. Respondent No. 2 filed an appeal against the order by which the offer of sale was withdrawn, and the same was disposed of on Jan. 21,1967, with the observations that no appeal lay against the cancellation of the offer of the property. The Appellate Authority, however, remanded the case to the Managing Officer (Urban Land) with the direction that the rent should be charged after ascertaining the date of occupation. The Central Government issued instructions for transfer of the property to the occupant without charging 50 per cent surcharge. Respondent No. 2 filed a petition for purchase of property under the new instructions, but she did not disclose that the disputed property had been included in the sale programme, and had been sold at public auction on Oct. 24, 1967. This petition was enquired into and on the spot inspection it was found that she was not in physical possession of the disputed property. The application was accordingly declined by the Settlement Officer (Urban Land) on Nov. 26, 1968. Deed of conveyance with regard to the disputed property was executed in favour of the petitioner on Feb. 12, 1969. It was duly registered under the Registration Act by the Sub Registrar, Ludhiana on June 3, 1969. The order of the Settlement Officer (Urban Land) dated Nov. 26, 1968 was challenged in appeal before the Settlement Commissioner, Jalandhar. The appeal was rejected vide order dated Feb. 7, 1969. The Settlement Commissioner relying upon the statement of respondent No. 2 observed, thus:-

(3.) For the reasons stated above, the petition succeeds, the order of the delegatee of the Central Government dated April 8, 1980 is set aside and the order of the Settlement Officer (Urban Land), the Settlement Commissioner and the Authorised Chief Settlement Commissioner dated Nov. 26, 1968, Feb. 7, 1969 and Aug. 5, 1969 respectively are restored. The auction sale in favour of the petitioner is upheld. There will be no order as to costs. Petition allowed.