LAKHMIRA Vs. JOINT SECRETARY REHABILITATION-CUM-SETTLEMENT COMMISSIONER

JUDGEMENT

(1.) The petitioner has approached this court for quashing the order dated February 10, 1984 (Annexure P -1) passed by the Joint Secretary, Rehabilitation -cum -Settlement Commissioner, Haryana, whereby confirmation of the auction of agricultural land held on 9.11.1982 has been refused though he was the highest bidder.

(2.) A piece of land measuring 32 Kanal 12 Maria comprised in Rect. No. 45, Killa Nos. 18/1, 18/2, 19, 21/1, 21/2. 22/1, 23/1, 23/2 and 23/3 situated in the revenue estate of Village Khera, Tehsil and District Ambala, was put to a restricted auction amongst Harijans (Scheduled Castes) only on February 16, 1982. The petitioner, Lakhmira, (since deceased and represented by his legal representatives) who belong to Scheduled Caste category gave the highest bid of Rs. 58,000/ -. It appears that the authorities wanted to put the land to an open auction instead of restricting the same to Harijans only/Consequently, the land was put to open auction on November 9, 1982 in which also the petitioner offered the highest bid of Rs. 54,500/ - and deposited the requisite earnest money of Rs. 13,625/ -. It is not disputed that the land was retrieved from Ram Rakha son of Gobind Ram and Santokh Singh son of Birbal, after cancellation of their allotment. Thus, it appears that there being some dispute in relation to right to hold the land in question, the highest bid was not up to the expectations of the authorities. The fact, however, remains that the petitioner was the highest bidder on both the occasions. The highest bid offered by the petitioner in the open auction was also not confirmed by the Prescribed Authority, namely, the Settlement Officer (Sales), who as per the order dated December 20, 1982 (Annexure P -2), declined to confirm the auction for the reason as reproduced below: -

(3.) Aggrieved at the order Annexure P -2, the petitioner went in appeal before the Joint Secretary, Rehabilitation -cum -Settlement Commissioner, Haryana, who vide the impugned order dated 10.2.1984 (Annexure P -1) turned down his appeal.