DALJIT RAI OBEROI Vs. FINANCIAL COMMISSIONER, HARYANA

JUDGEMENT

(1.) PETITIONER Daljit Rai Oberoi and respondent No. 7 Satpal Oberoi are the real brothers and they are shown as sons of Amolak Ram. Satpal Oberoi participated in the auction held on August 13, 1959 by the Rehabilitation Department in regard to plot No. 89 described as urban agricultural land measuring 7 Bighas 7 Biswas. The highest bid was accepted for Rs. 26,775/-. The claim of Daljit Rai Oberoi was associated for making up the aforestated total sale price. The requisite affidavits of both the persons were duly filed.

(2.) IT has been averred that respondent Nos. 3 to 6 had already secured quasi- permanent allotment in regard to the land measuring 2 Bighas 14 Biswas, out of the aforestated land, in a clandestine manner in the year 1957. It has also been alleged that on account of misrepresentation on the part of respondent Nos. 3 to 6, the endeavour was made to obtain the permanent rights in the land in regard to the aforesaid area. However, no claim was staked at the time of the auction of the entire piece of land measuring 7 Bighas 7 Biswas in the year 1959. The alleged allotment, in favour of respondent Nos. 3 to 6, was cancelled by issuing requisite orders dated August 3, 1961, copy Annexure P-1. This was challenged by respondent Nos. 3 to 6 by way of civil suit. The trial Court as well as the lower appellate Court categorically observed that respondent Nos. 3 to 6 were not entitled to allotment of the area in question in lieu of their real claim as the composite area, measuring 7 Bighas 7 Biswas, was offered in auction in the year 1959. However, the aforestated orders were declared null and void as no notice had been issued by the Chief Settlement Commissioner to the aforesaid respondents.

(3.) IN view of the aforestated status, respondent No. 1 i.e. Satpal Oberoi and the petitioner were offered the land measuring 7 Bighas 7 Biswas as the auction purchasers and pursuant to Rules 87 and 90 of the Displaced Persons (Compensation and Rehabilitation) Rules, 1959. The sale certificate, copy Annexure P-5, was issued in favour of respondent No. 7 (Satpal Oberoi).