JYOTI RAM Vs. JOINT SECRETARY, REHABILITATION

JUDGEMENT

(1.) The petitioner claims to be in posses-sion of 56 Kanals 14 Marlas of evacuee acquired land detailed in Para No. 2 of the writ petition and situated in village Tarori, Tehsil and District Karnal. He applied for the transfer of this land on 30th August, 1962, in pursuance of the instructions issued in 1961-62. He was transferred 5 Standard Acres of land on prescribed rates. The Chief Settlement Commissioner set aside the transfer of land in his favour on the ground that he was already holding 5 Standard Acres of land and as such, was not eligible for the transfer of the acquired area. The petitioner assailed the order of the Chief Settlement Commissioner in Civil Writ Petition No. 2402 of 1971, which was dismissed on 8th May, 1980.

(2.) On 9th September, 1981, the land detailed above was auctioned. Respondents No. 4 to 6, offered the highest bid which was confirmed on 21st September, 1981, and 22nd October, 1981. The petitioner again applied for the transfer of the same land on 10th November, 1981, in pursuance of another Press Note issued on 25th August, 1981, stating therein that he was not holding more than 2 or 3 Standard Acres of land that he was entitled to the transfer of the land to the extent his holding was short of 5 Standard Acres.

(3.) The petitioner moved a petition before the Deputy Secretary, Rehabilitation-cum-Settlement Commissioner praying that the auction of the land in favour of respondents as also the confirmation of their bid be set aside and the land be transferred in his favour on prescribed rates. The Settlement Commissioner dismissed the petition vide order dated 26th August, 1982 (P.4) which has been assailed in the present writ petition. The petitioner had also filed a petition seeking review of the order of the Settlement Commissioner (P.4) which has dismissed vide order dated 15th September, 1982 (P.6). The petitioner has assailed P.6 as well.