DALIP SINGH Vs. COMMISSIONER, JALANDHAR DIVISION

JUDGEMENT

(1.) THIS revision petition has been filed against the order dated 30.4.2000 and order dated 24.1.2001 passed in Review application by the Ld. Commissioner, Jalandhar Division, Jalandhar. Since the facts are given in detail in the impugned order, I need not recount them.

(2.) THE counsel for the petitioner argued that the land measuring 32K 14M situated in the revenue estate of Chak Yakub, Tehsil Gurdaspur was sold to Des Raj on 6.4.1995 in open auction for Rs. 84,000/-. The petitioner filed an appeal on the ground of defective proclamation regarding auction before Sales Commissioner, Gurdaspur which was dismissed on 10.1.1990. But the Chief Sales Commissioner, Gurdaspur in para 5 of his order dated 21.5.1997, set aside the auction clearly mentioning the "no step to make the 'Munadi' in the village about auction to be held on 6.4.95 has been made". The printed notice of proclamation which was alleged to have been issued i for 7.4.1995 but the date was subsequently changed to 6.4.1995. In view of this situation, the auction was held in a fraudulent manner in connivance with Des Raj. Accordingly, the Chief Sales Commissioner rightly accepted the appeal vide his order dated 21.5.1997 and directed the Tehsildar to re-auction the land after making a fresh and adequate proclamation/publicity in accordance with law.

(3.) THE petitioner approached the Hon'ble High Court through Civil Writ Petition No. 14595 of 2000 which was disposed of on 31.10.2000 advising him to file a petition before the Commissioner for setting aside the so called ex parte order. Thereafter, the petitioner filed a review application which was decided on 24.1.2001 but the order shows that the Commissioner has not at all considered the grounds taken by the petitioner. Again the petitioner had to file CWP No. 5869 of 2002 which was dismissed as withdrawn by Honb'le High Court on 21.8.2002. It further directed him to approach the court of Financial Commissioner Revenue, Punjab. The counsel urged to accept the revision petition, set aside the orders 10.4.2000 and 24.1.2001 of the Commissioner Jalandhar Division and to uphold the order dated 21.5.97 of the Chief Sales Commissioner, Gurdaspur in the interest of justice.