SURJA RAM Vs. STATE OF HARYANA

JUDGEMENT

(1.) The only legal question that needs determination by this Bench may be formulated thus:-- Is the settlement Commissioner or other officer under rule 5(i) of the Rules for sale of Surplus Rural Property, bound to give reasons for not accepting the highest or other bids.?

(2.) The land in question measuring 50 karnals 1 marla situated in a village Kamalpur Gadrian, Tahsil and district Karnal and evacuee property. It was put to auction several times but for one reason or the other the auction was not accepted. The last auction took place on 24th November, 1978. In this auction the petitioner and his brothers gave highest bid 20,400/-. A sum of Rs. 2550/ was deposited as earnest money/sale proceeds of the aforesaid property vide receipt No. 94. Book No. 1600 dated 24th November 1978. It appears that soon after the auction a writ petition was filed in this court on the ground that the land in dispute could not be put to the auction as the same was not an evacuee was ultimately dismissed, the petitioner was not able to make a party. However it appears that the settlement officer (sales) without issuing any notice or affording an opportunity of hearing to the petitioner, set aside the auction in his favour by passing the following order:- "The land is of Shamlat Deh, Hence the sale is set aside."

(3.) Feeling aggrieved from the aforesaid order, the petitioner preferred a revision petition, but the same was dismissed by respondent No. 1 vide his order dated 7th January 1983. The petitioner through his petition has challenged the legality and propriety of the order of the settlement Officer (sales) and the order of respondent No. 1 passed on 7th January 1983.