STATE OF HARYANA Vs. KUNDAN LAL

JUDGEMENT

(1.) WHETHER the Settlement Commissioner/competent authority was legally bound to accept the highest bid of Rs. 6,000/- given by Kundan Lal (respondent No. 1 in L.P.A. No. 320 of 1988 and respondent No. 5 in L.P.A. No. 465 of 1988) in the restricted auction held by Tehsildar (Sales), Ambala (hereinafter described as 'the Tehsildar') on 23.11.1977 in respect of land measuring 21 kanals 4 marlas comprised in khasra No. 77/15, 16, 17 situated in Village Dera, Tehsil Naraingarh, District Ambala is the main question which arises for determination in these appeals filed against order dated 19.1.1988 passed by the learned Single Judge in C.W.P. No. 5013 of 1985. Another question which would need determination by the Court is whether the land in question could have been allotted to Darshan Singh for satisfying his claim under the Displaced Persons (Compensation and Rehabilitation) Act, 1954 (for short, 'the Act').

(2.) FOR deciding the above mentioned questions, we have culled out the facts from the pleadings of the parties and additional affidavits dated 6.12.1991 and documents filed by Kundan Lal along with C.M. Nos. 72 and 72 of 1992.

(3.) IN compliance of the instructions given by the State Government, the Tehsildar sent letter dated 24.1.1978 (Annexure R5/5 with the written statement filed by appellant-Tejinder Singh) to Kundan Lal informing him that he may apply for refund of the earnest money, but instead of making an application for refund, he, in connivance with the officials of the Rehabilitation Department, unauthorisedly occupied the land in question.