S BHAJAN SINGH Vs. FINANCIAL COMMISSIONER

JUDGEMENT

(1.) This petition, filed by Bhajan Singh under Article 226 of the Constitution of India, has arisen out of the proceedings under the Punjab Land Revenue Act (hereinafter referred to as the Act), for recovery of arrears of land revenue against him. As a result, land measuring 99 Kanals and 6 Marlas of the petitioner was attached and R.K. Dass Gupta, Naib Tehsildar, Zira, was deputed by the Collector to auction the same. The date for the auction was fixed for 22nd July, 1964, and was duly publicised, but the Naib Tehsildar had, instead of 22nd July, 1964, auctioned the property on 12th July, 1964, secretly in the house of one Khushwant Singh of the same village. At first he started the auction on July 11, 1964, and then adjourned it to July 12, 1964, on which date he auctioned the property in favour of respondent No. 3.

(2.) The petitioner filed a complaint before the Sub-Divisional Officer (Civil), Zira, raising objections against the sale of his land. The main objection was that the auction had taken place in utter disregard and violation of the mandatory provisions of the Act and the rules framed thereunder. Certain allegations were levied against the Naib Tehsildar who conducted the sale, which were examined by the Sub-Divisional Officer (Civil), who found the same to be correct and made a report to the Collector vide his order dated September 17, 1964 (copy Annexure 'A' to the petition) that action should be taken against the Naib Tehsildar concerned. Accordingly, the Deputy Commissioner. Ferozepur, vide his letter dated April 7, 1965, followed by another letter dated April 28, 1965 (copies Annexures 'C' and 'B' to the petition), recommended to the Commissioner that as the sale, conducted by the Naib Tehsildar, was in violation of mandatory provisions of Section 82(1) of the Act, the same be set aside under Section 92(1) of the Act and the order be passed to resell the property.

(3.) The petitioner also filed objections against the auction sale before the Commissioner, wherein he pointed out the irregularities committed by the Naib Tehsildar for selling his property for Rs. 13500/- which was worth Rs. 25000/-. Four or five instances are also mentioned therein showing that the market price of similar land was three to four times more than the one for which the petitioner's property had been auctioned by the Naib Tehsildar. The objection-petition of the petitioner is attached with the petition as Annexure 'D'. As stated earlier, the Deputy Commissioner, who was asked to send his comments on the objection-petition, recommended that the objection-petition be allowed, sale be set aside and resale ordered. However, this objection-petition was dismissed by the Commissioner vide his order dated April 26, 1966 (copy Annexure 'E' to the petition) on the sole ground that no substantial injury was caused to the petitioner by the irregularity or mistake committed in the conduct of the sale. The petitioner's appeal to the Financial Commissioner, was rejected on the ground that the order of the Commissioner was final and could not be challenged. It is in these circumstances that the present writ petition has been filed.