AVTAR SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Delay of 292 days in filing the accompanying appeal has been satisfactorily explained. Accordingly, the application is allowed, and the delay of 292 days in filing the accompanying appeal is condoned.

(2.) In brief, the facts of the case, which led the appellants to the current stage, are that the property in question was purchased by respondent No.4 in an open auction that was held on 31/12/1975. Whereafter, he sold the said property to the appellants on 27/5/1982, and thus, they became the transferees. However, the said auction was subject to the condition that the original auction purchaser would not alienate the property, for a period of 20 years, in favour of any non-scheduled caste person.

(3.) Accordingly, the learned Single Judge, while giving reference to Rule 8(i) of the Punjab Package Deal Properties (Disposal) Rules, dismissed the writ petition, observing that the transfer made in favour of the petitioners-appellants has rightly been cancelled. The relevant part of the findings returned by the learned Single Judge reads as under:-