KUNDAN SINGH Vs. COMMISSIONER, JULLUNDUR DIVISION

JUDGEMENT

(1.) This writ petition is filed to quash the orders of the Chief Sales Commissioner dated 17.10.1977 on appeal filed by the petitioner under Section 9 of the Punjab Package Deal Properties (Disposal) Act, 1976, and the order of the Commissioner dated 19.6.1980, confirming the said order.

(2.) According to the petitioner, the surplus land which was vested in the Government measuring 16 kanals 9 marlas comprised in khasra Nos. 5, 6 and 7/1 of rectangle No. 53, situated in village Hardowal, tehsil Batala, district Gurdaspur had been in possession of the petitioner since the year 1972 and it was put to auction by the Tehsildar (Sales) on 6.11.1975 and the petitioner was the highest bidder and the bid of the petitioner was accepted by the Tehsildar (Sales). The petitioner also deposited the earnest money to the tune of Rs. 1,000/- according to the terms of the auction. The property was also in possession of the petitioner and he continued to be (sic). Additional Settlement Officer without assigning any reason on the basis of the report of a Quanungo (sic) that the auction area is not a cancelled area. The appeal and further revision to the Chief Sales Commissioner and Commissioner proved futile. Therefore, the petitioner approached this Court.

(3.) There is no dispute that the land was put in auction by the Tehsildar (Sales) and that the petitioner became the highest bidder of the same and he also deposited a sum of Rs. 1,000/- as earnest money according to the terms of auction. The Quanungo reported that the auctioned area was not a cancelled area and the area was for allotment and further it abuts the railway line. On the basis of the report of the Quanungo, the Tehsildar (Sales) recommended the rejection of the auction in favour of the petitioner and the Additional Settlement Officer (Sales) accordingly approved the proposal. On appeal under Section 5 of the Punjab Package Deal Properties (Disposal) Act, 1976, the Chief Sales Commissioner, Punjab rejected the appeal but directed "the land is to be resold and the appellant, if otherwise eligible, may participate in the auction proceedings." The said order was confirmed by the Commissioner, Jalandhar Division, Jalandhar. The Commissioner, Jalandhar Division observed as follows :-