PATHANA RAM Vs. STATE OF HARYANA

JUDGEMENT

(1.) In the instant writ petition filed under Articles 226/227 of the Constitution of India, the petitioners have impugned the order dated 22.8.1984 (Annexure P3) passed by the Joint Secretary (Rehabilitation)-cum-Settlement Commissioner, Haryana, Chandigarh (respondent No. 2 herein), vide which the sale of the land in dispute made in their favour in a restricted auction on 29.7.1970 has been set aside.

(2.) The brief facts of the case are that the petitioners belong to the Scheduled Caste community. After migration from Pakistan, initially they settled in Village Kapurgarh, District Patiala, but later on they shifted their residence to Village Aludin Majra. Tehsil and District Ambala. In the year 1970 i.e., on 28.4.1970, they purchased 6 kanals 9 marlas of land situated in village Sohana, Tehsil and District Ambala in a public auction, conducted by the respondents. Immediately after taking possession of the said land, the petitioners construed a small residential house on part of the said land and started living therein and cultivating the land with their own hands.

(3.) On 29.7.1970, respondent No. 4 conducted a restricted auction for sale of the land measuring 19 kanals 6 marlas situated in village Sohana (which is land in dispute). In that auction, only the citizens belonging to Scheduled Castes were allowed to participate. Petitioners being members of the Scheduled Caste and residents of village Sohana participated in the said auction. They gave the highest bid for the sale of the aforesaid land for Rs.18725/-. Their bid was accepted and they were declared to be the highest bidders. They paid the earnest money as per the terms and conditions of auction and were delivered possession of the land. That auction held in favour of the petitioners was later on duly approved and confirmed by the Settlement Officer (Sales) Haryana (respondent No. 3 herein) on 7.5.1971.