JAGTAR SINGH Vs. FINANCIAL COMMISSIONER, PUNJAB

JUDGEMENT

(1.) IN this petition filed under Articles 226/227 of the Constitution of India, petitioners Jagtar Singh and Richhpal Singh have challenged the order dated 28.11.2001 passed by the Commissioner, Jalandhar Division, Jalandhar vide which the transfer of the land in question to the petitioners vide order dated 30.9.1991 was set aside, and the revision preferred against the aforesaid order was dismissed by the Financial Commissioner, Revenue, Punjab vide order dated 11.3.2003.

(2.) IN this case 42 kanals of land situated in village Booh, Distt. Kapurthala was sold in restricted auction to Puran Singh (respondent 4 herein), who is a Scheduled Caste, on 21.1.76. The said sale was confirmed by the Sales Commissioner vide his order dated 2.5.77. The auction purchaser Puran Singh was delivered physical possession of the land vide order dated 11.10.77. It also appears from the record that Puran Singh did not pay some of the installments in respect of the sale consideration.

(3.) SUBSEQUENTLY , Puran Singh filed a revision under Section 10 of the Punjab Package Deal properties (Disposal) Act, 1976 against the aforesaid sale before the Chief Sales Commissioner, Kapurthala alleging that the land was transferred in their favour long back, therefore, it could not have been sold to the petitioners. The said petition was dismissed by the Chief Sales Commissioner vide order dated 24.5.2000. Against the said order, Puran Singh filed a Revision before the Commissioner, Jalandhar Division, Jalandhar, which was allowed vide order dated 28.11.2001. It was held that the land in question was auctioned in favour of Puran Singh in restricted auction in the year 1976 being member of a Scheduled Caste. The said sale was confirmed by the authorities and the possession was delivered. The said auction sale was neither cancelled by any authority nor it could have been cancelled because of non-payment of installment. At the most the installment due could have been recovered as a land revenue as per Rule 6(6) of the Punjab Package Deal Properties Rules, 1976 (hereinafter referred to as the Rules). It was also held that the allotment of land to the petitioners on the ground of unauthorized and illegal possession was not justified because the petitioners were not in cultivating possession of the land in question since kharif 1984 in the revenue record i.e. jamabandies for the years 1982-1983 and 1987-88, the land in dispute was shown in possession of Puran Singh as Gair Marusi Awal and the petitioners were shown in possession of Gair Marusi Doim. It was held that entries in the revenue record reveal that the petitioners have been shown in cultivating possession of the land under Puran Singh.