RITU GUPTA Vs. FINANCIAL COMMISSIONER, HARYANA

JUDGEMENT

(1.) THIS appeal is directed against order dated 28.5.1997 passed by the learned Single Judge whereby he partly allowed the writ petition filed by respondent No. 4-Subhash Chander and set aside the auction held by Tehsildar (Sales)-cum-Managing Officer, Kaithal, Camp Shahabad (respondent No. 3) on 24.5.1989 for disposal of 4 kanals 4 marlas of land which formed part of property bearing No. B-IV-685 situated in Shahabad Markanda.

(2.) A perusal of the record shows that the property in question was owned by Muslims, who migrated to Pakistan in the wake of partition of the country in 1947. Before migration, they are said to have leased out the property to Baini Parshad, father of respondent No. 4. After migration of the Muslims, the property was put to auction on 22.10.1959 by being treated as an evacuee property. Baini Parshad gave bid of Rs. 3,400/- but did not deposit the bid amount despite the extension granted by the competent authority. Consequently, his bid was cancelled and the earnest money was forfeited. In 1971, Baini Parshad applied for transfer of the property. The matter was processed by respondent No. 3 and he, i.e., Baini Parshad was directed to deposit about Rs. 5,000/- (approximately) as the price. On his refusal, 1 kanal and 6 marlas out of the total land measuring 5 kanals 10 marlas was put to auction on 26.11.1971. However, no one came forward to bid. The remaining land measuring 4 kanals 4 marlas was put to auction on 7.1.1972. Smt. Kanta Rani gave highest bid of Rs. 5,500/-. Baini Parshad challenged the auction by filing appeal before Additional Settlement Commissioner (Sales)-cum-Assistant Settlement Commissioner, which was dismissed on 12.1.1973. However, the officer concerned did not confirm the bid of Smt. Kanta Rani and ordered re-auction of the property. She challenged the same but failed up to the High Court. Civil Writ Petition No. 676 of 1975 filed by her was dismissed by this Court on 19.11.1982. Thereafter, Baini Parshad moved a miscellaneous application which was registered as Case No. 26/Misc./CSC/83 for transfer of the property in his favour. The same was dismissed by Chief Settlement Commissioner, Haryana (respondent No. 2) vide order dated 27.2.1984, the relevant portion of which is reproduced below :

(3.) FEELING aggrieved by order dated 29.6.1988, Baini Parshad filed a petition under Section 33 of the Act which was dismissed by Financial Commissioner, Haryana vide his order dated 24.8.1988.