AMAR SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) The petitioners have filed this writ petition under Articles 226/227 of the Constitution of India for the issue of a writ in the nature of Ceitiorari quashing the order, Annexure P1 passed by the Tehsildar (Sales) and the order, Annexure P4 passed by the Joint Secretary (Rehabilitation)-cum-Settlement Commissioner dated 23.5.1983 dismissing the revision filed by the petitioners. The revision petition was stated to have been field on behalf of Maman Singh, Amar Singh, Umrao and Kurara Ram. The crucial point for determination as formulated by the Joint Secretary was whether the order passed by the Tehsildar (Sales) concerning sale of Killa No. 83/22/22 min and 23 min held on 13.1.1972 and confirmed by S.O. (Sales) on 8.2.1962 should be upheld or it should be set aside.

(2.) It was argued by the counsel for the respondents that the point had already been decided by the Joint Secretary in case No. 7/Appeal/DSR/SC/82/48/Revision/JSR/SC/82. It was argued by the learned counsel for the respondents that the point involved in the aforesaid case was the same which was the subject matter of the revision petition which has been decided by Order, Annexure P4. It was, however, argued on behalf of petitioners No. 1 and 3 that they were not parties in the earlier case. Therefore, the order dated 20.12.1982 passed in the earlier cases would not operate as res judicata qua petitioners No. 1 and 3 in the present petition. The State of Haryana, however, submitted that although petitioners No. 1 and 3 were not parties in that case, yet the issue involved was substantially the same on which the findings have already been given by the Joint Secretary. In the order dated 20.12.1982, the Joint Secretary held as follows:-

(3.) The aforesaid order of the Joint Secretary was challenged in Civil Writ Petition No. 2898 of 1993 by petitioners No. 2 and 3 in the present proceedings. The writ petition was dismissed by Hon'ble Mr. Justice K.C. Gupta on 22.9.2000 with the following observations:-