SONA RAM RANGA RAM Vs. CENTRAL GOVERNMENT

JUDGEMENT

(1.) THIS is an application under Sections 151/152 of the Code of Civil Procedure-filed by Sona Ram and others for the clarification of the order dated 7-12-1960 passed by Bishan Narain J. in Civil Writ No. 39 of 1960.

(2.) THE applicants are displaced persons from West Punjab and after the partition of the country, they had settled in Jullundur City, where they had been in actual cultivating possession of the evacuee urban agricultural land measuring about 86 'kanals' within the municipal limits of Jullundur City for the last about 10 years. This land was first given on lease to Smt. Durga Devi and Chattar Singh, displaced land holders, and the applicants cultivated the same under them as their sub-lessees. Later on, however, in 1956 both the allottees gave up this land and since then the applicants had been cultivating it in their own right on payment of lease money etc. to the Government. In pursuance of the circular letter dated 27-111957 issued by the Chief Settlement Commissioner, the applicants were not transferred this property. The same was, however, disposed of by public auction in different lots on 9-10-1959 and it was purchased by Messrs. Rattan Chand Kapur and Company and others, respondents 4 to 6 in this application. Thereupon, the applicants filed a writ petition (Civil Writ No. 39 of 1960) in this Court, praying for a writ of 'certiorari' quashing the auction-sale of the land in dispute held under the illegal Instructions issued by the Chief Settlement Commissioner. This writ petition was heard by Bishan Narain J. on 7-12-1960 and the last paragraph of his order is as follows:

(3.) ACCORDING to the applicants, the District Rent and Managing Officer, Jullundur, respondent No. 3, misconstrued the abovementioned order and directed the tehsildar, Jullundur, vide his order dated 29-12-1961 to deliver the possession of the land in dispute to the auction-purchasers. This resulted in the filing of the present application. It was stated therein that by accidental omission, it was not specifically mentioned in the order of Bishan Narain J. that the auction In favour of respondents Nos. 4 to 6 was also set aside. The writ petition had been accepted, which meant that the applicants' prayer for quashing the sale in question was also being allowed. When the press-notes and the circular letter were quashed, then in view of the decisions of this Court in Ram Nath v. Central Government, 1960-62 pun LR 53: (AIR 1980 Punj 330) and Bishan Singh v. Central Government 1961-63 pun LR 75: (AIR 1961 Punj 451), any action taken in pursuance of them was also illegal. Thinking that since their writ petition had been allowed, and the auction-sale in favour of respondents 4 to 6 was automatically quashed, the present application was not filed earlier. But now since orders had been issued by respondent No. 3 to the Tehsildar, Jullundur, for the delivery of the possession of the land to the auction-purchasers, this application had been put in.