DROPATI DEVI Vs. STATE OF HARYANA

JUDGEMENT

(1.) The petitioner through instant petition under Articles 226/227 of the Constitution of India is seeking setting aide of order dtd. 25/6/1993 whereby respondent dismissed her revision petition with respect to auction of 32 Kanals land.

(2.) The respondent on 27/11/1981 put on auction 32 Kanals land comprised in Khasra No.32//17 (8-0), 18(8-0), 23(8-0) and 24(8-0) situated in Village Kaura Pura Tehsil Naraingarh District Ambala. The petitioner submitted bid of Rs.6,000.00 and reserve price was Rs.11,200.00. The Tehsildar (Sales) on 27/1/1982 reported that highest bid was below the reserve price, thus, resale should be conducted. The file was forwarded to competent authority for passing an appropriate order. The competent authority recommended re-auction on 30/1/1982, however, a cutting was made and reserve price was reduced from Rs.11,200.00 to Rs.1,352.00. Tehsildar (Sales) on the same proforma made another report 'highest bid is above reserve price the same may please be confirmed'. The authority confirmed the bid on 9/6/1982. The petitioner failed to deposit installments after depositing 1/8th of earnest money and consequently auction was cancelled and land was again put to auction. The re-auction took place on 5/2/1988. Sadhu Singh- respondent No.4 was declared highest bidder. He deposited 1/8th of sale price and auction was confirmed on 21/3/1988. The warrant of possession was issued and vide Rapat No.373 possession was delivered to him on 31/3/1988. One Clerk, after confirmation of second auction without seeking approval of higher authorities, deposited installments with respect to first auction. The petitioner preferred three revisions which came to be dismissed.

(3.) Learned counsel for the petitioner submits that respondent vide letter dtd. 9/4/1990 has certified that petitioner was bona fide purchaser of land in question. Letter dtd. 5/10/1992 of Tehsildar (Sales) addressed to Chief Settlement Commissioner reveals that land was put on re-auction because of mistake on the part of officials. The mistake occurred due to non-completion of property register by Kanungo (sales).