BALJIT SINGH Vs. FINANCIAL COMMISSIONER

JUDGEMENT

(1.) IN the instant petition filed under Articles 226 and 227 of the Constitution of India, the petitioners have impugned the order dated 31.10.2000 (Annexure P-7) passed by the Financial Commissioner, Revenue Punjab, vide which the order dated 1.10.1997 (Annexure P-5) passed by the Commissioner, Jalandhar Division, Jalandhar was set aside and the auction sale made in favour of Gajinder Singh (father of respondent No. 2) on 23.1.1968 was held to be valid and the claim made by the petitioners for allotment of the land in question on the basis of the Press Note issued by the Punjab Government on 18.4.1968 was found to be without any merit.

(2.) THIS case has a long and chequered history. The land in question measuring 7 Marlas which comprised in plot No. 34 min. (southern portion) situated in village Bhunga is admittedly a package deal property owned by the State Government and the same was liable to be disposed of according to the provisions of Package Deal Properties (Disposal) Act, 1976 (hereinafter referred to as 'the Act') and the rules made thereunder. On 23.1.1968, the aforesaid land was put to auction and one Gajinder Singh (father of respondent No. 2) gave the highest bid for that land. His bid was accepted and on 12.3.1968 the said auction sale was confirmed by the Assistant Settlement Commissioner. Against the aforesaid auction sale, the objections were filed by the father of the petitioners, namely, Kehar Singh and those were dismissed and the sale was confirmed vide order dated 12.3.1968. Against that order no appeal was filed.

(3.) STILL feeling aggrieved against the aforesaid orders, Kehar Singh filed C.W.P. No. 564 of 1974 before this Court. The said writ petition was allowed by this Court vide order dated 5.1.1982 (Annexure P-1) on the ground that Assistant Settlement Commissioner was not competent to confirm the auction sale and only the Sales Commissioner was having jurisdiction in this regard, and the matter was remanded to the Sales Commissioner, Hoshiarpur with the following observations :-