JAGIR SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The petitioner had purchased land in dispute on 30th June, 1972 from Kartara and Seema, respondents 3 and 4, who had purchased the same in open auction from the Government on 24th November, 1964. The land purchased by Scheduled Castes in upon auction from the Government carried a condition that the land shall not be disposed of in any manner before the expiry of 10 years. Ten years in the present case were to expire on 24th November 1974. Admittedly, the land had been sold before the expiry of 10 years. The Chief Sales Commissioner, on a reference from the Tehsildar (Sales), took action under section 10 of the Package Deal Properties (Disposal) Act, 1976 and resumed the land. The order has been impugned on behalf of the petitioner through the present petition, inter alia on the ground (1) that no condition against any future alienation could be attached, (2) that the Chief Sales Commissioner was not competent to resume the land after passage of a long period, (3) that the petitioner was a bona fide purchaser for consideration and protected by the provisions of section 41 of the Transfer of Property Act.

(2.) The claim has been contested on behalf of the respondents.

(3.) There is no merit in either of the points raised on behalf of the petitioner. So far as the first two points are concerned, the case is not res integra. This Court in Sagli Ram v. State of Punjab and Chief Sales Commissioner (C.W.P. No. 6871 of 1979) decided on 4th November, 1976 , had held that the Chief Sales Commissioner was competent to cancel the sale and resume the land under section 10 of the Act ibid, which judgment was sustained by their Lordshops of the Supreme Court in SLP No. 3677 of 1981 decided on 14th April, 1986. The validity of the restriction against alienation was upheld by this Court in a judgment reported as Joga Singh v. The Deputy Secretary, Jullundur and others,1979 RajdhaniLR 681.