UNION OF INDIA Vs. BHAGIRATH AND ANOTHER

JUDGEMENT

(1.) The Tehsildar (Sales) auctioned evacuee agricultural land measuring 30 bighas 15 biswas in village Dhulkot, District Hissar, which was a Package Deal Property, on 15th July, 1989, and the highest bid offered was that of Bhagirath respondent for Rs. 3,600/-. The Settlement Commissioner confirmed the highest bid on 13th August, 1969. Khanshi Ram respondent filed appeal against the order of the Settlement Commissioner claiming that he was in actual possession of the land for the last many years and as such was entitled to purchase it at the reserve price and further there was no proper publication of the auction which had also not been held in village Dhulkot. The Chief Settlement Commissioner dismissed the appeal vide order dated 22nd October, 1969 holding that it had not been filed within limitation and further no irregularity had been committed in the publication of the sale. Kanshi Ram assailed the order of the Chief Settlement Commissioner under section 24(4) of the Displaced Persons (Compensation and Rehabilitation) Act, 1954 (hereinafter the Act) which came up before the Commissioner for Revenue and Secretary to Government Haryana, on 4th February, 1971. Kanshi Ram respondent appeared before the Secretary and withdrew his claim for the purchase of the land at the reserve price being and old occupant. He offered to pay Rs. 5,000/- for the land. The Secretary vide order dated 4th February, 1971. passed a conditional order. Kanshi Ram was directed to deposit Rs. 5,000/- within one month. The appeal filed by him was to be treated as dismissed in case he failed to make the deposit. In the event he deposited Rs. 5,000/- the appeal was to be treated as accepted and the land was to be re-auctioned with an initial bid of Kanshi Ram for Rs. 5,000/-. The Secretary also found that the land had been auctioned in village Siwani at a distance of 5 miles from village Dhulkot where the land is situated and it had resulted in material irregularity. Bhagirath respondent assailed the order of the Secretary dated 4th February, 1971 in Civil Writ Petition No. 2059 of 1971 which was accepted on 9th May, 1980 on the ground that the Secretary exercising the powers under section 33 of the Act had no jurisdiction to decide cases relating to Package Deal Property which had vested in the State Government. The learned Judge made the following relevant observations :-

(2.) The Union of India and others assailed the order of the learned Single Judge in L.P.A. No. 713 of 1980 which was dismissed in limine on 7th October, 1980. The Union of India and others filed Civil Appeal No. 737 of 1984 in the Supreme Court which was disposed of by their Lordships vide order dated 20th January, 1984. This order reads :-

(3.) L.P.A. No. 713 of 1980 has again come up before us for decision on merits.