BEHARI LAL Vs. MANAGING OFFICER (SALES) JULLUNDUR

JUDGEMENT

(1.) This writ petition has been filed under Articles 226 and 227 of the Constitution of India for setting aside the orders of the Rehabilitation Authorities.

(2.) Briefly, the case of the petitioner is that he purchased property No. 688 a residential plot situate in Mohindergarh for Rs. 70/- in an open auction held in the year 1962. He deposited one-tenth of the sale amount on the date of auction and for the balance, he tendered a bond of one Bhagwan Dass. It is alleged by the petitioner that he was delivered possession of the residential plot. It is further alleged by the petitioner that Managing Officer, Jullundur (respondent No. 1) cancelled the sale of the plot, in dispute, and forfeited the earnest money vide his order dated September 8, 1965, at the back of the petitioner and without any notice to him. The plot was re-auctioned on September 4, 1967, whereafter the petitioner came to know about the cancellation of the sale in his favour and re-auction. The petitioner filed an appeal against the order of cancellation and re-auction. The petitioner filed an appeal before the Settlement Commissioner and the same was dismissed by him on January 10, 1968. Then, he filed a revision petition before the Chief Settlement Commissioner (respondent No. 3) against the orders of respondent Nos. 1 and 2 but the same was also dismissed on May 30, 1973. The petitioner has filed the present writ petition challenging the aforesaid orders.

(3.) The only contention of the learned counsel for the petitioner is that the order of cancellation of auction in favour of the petitioner was passed without giving any opportunity to him to represent his case, and consequentially the order was bad.