DALIP SINGH Vs. FINANCIAL COMMISSIONER

JUDGEMENT

(1.) IN this petition the petitioner questions the orders Annexures P-3, P-5 and P-6 and prays that the same be quashed.

(2.) THE petition has been filed in the backdrop of a checkered history. Dalip Singh, the petitioner, was given the land on lease comprised in Khasra No.834(9-12), 835(8-0), 836(11-1) and 837(0-7) measuring 29 kanals in Jalandhar in the year 1955. At that point of time, this was the only land with him. In the year 1956, the petitioner took another piece of land measuring 50 kanals on lease, but did not retain its possession and gave it over to Inder Singh and Baghicha Singh as sub-lessees. Some land comprised in Khasra No.743 was sold in auction in favour of Daya Kaur mother of Roshan Lal Seth(respondent No.4 herein) for Rs.6000/-. This land was in possession of Dalip Singh as sub-lessee. He challenged this auction by way of C.W.P. No.126 of 1961 which was dismissed as infructuous on 11.9.1961 when an undertaking was given on behalf of the Rehabilitation Department that the case of the present petitioner will be considered afresh.

(3.) DAYA Kaur who had purchased the land comprised in Khasra No.743, died and her son Roshan Lal Seth(respondent No.4 herein) was impleaded as a party-respondent to the proceedings. The matter was then considered by the Managing Officer who vide his order dated 30.1.1970, held the petitioner eligible for transfer of the land comprised in Khasra No.743 which led to the filing of an appeal by Roshan Lal Seth. The Settlement Commissioner accepted the appeal on 15.11.1971 and returned a finding that Dalip Singh was not a lessee on the land. The matter was once again remanded back for re-consideration. This order of the Settlement Commissioner was challenged before the Chief Settlement Commissioner who vide order dated 4.1.1974, set aside the said order. Roshan Lal Seth then filed a petition before the Financial Commissioner who vide his order dated 25.10.1973, directed that the land in dispute be disposed of by auction in accordance with law. Against this order, Roshan Lal Seth(respondent No.4 herein) filed C.W.P. N.237 of 1975, while Dalip Singh, the present petitioner filed C.W.P. No.7398 of 1975. Both these petitions were decided vide order dated 13.1.1983. The petition filed by Dalip Singh was accepted and this Court observed as follows:-