JAGNANDAN SINGH Vs. UNION OF INDIA

JUDGEMENT

(1.) This petition is directed against the order dated 31st May, 1966 (Annexure 'A' to the petition) passed by the Chief Settlement Commissioner, respondent No. 2.

(2.) An auction for the sale of evacuee land comprising Khasra No. 2338 Min. measuring 8 Bighas equivalent to 5 standard Acres situated in the revenue estate of Abohar took place on 9th February, 1965, which was conducted by the Tehsildar (Sales), respondent No. 4. As the bid of the petitioners was the highest at Rs. 9,200/-, therefore, it was accepted by the Tehsildar (Sales). The sale was confirmed in the name of the petitioners in three equal shares and a certificate of sale was issued to them on 3rd May, 1965. The possession of the aforesaid land was also delivered to the petitioners by the Revenue Authorities on 15th May, 1965; mutation in their favour was sanctioned and necessary corrections made in the revenue records.

(3.) Harnek Singh, respondent No. 5, filed objections against the said sale after the expiry of the period of limitation as prescribed by rule 92 of the Displaced Persons (Compensation and Rehabilitation) Rules, 1955 before the Tehsildar. The Tehsildar dismissed those objections as being time-barred. Harnek Singh then filed an appeal before the Settlement Officer, respondent No. 3, who referred the same to the Chief Settlement Commissioner, respondent No. 2. It is alleged that the Chief Settlement Commissioner illegally and without jurisdiction accepted the appeal of Harnek Singh, respondent No. 5, and passed the impugned order dated 31st May, 1966 (Annexure 'A') setting aside the sale which had been made final in favour of the petitioners.