JASWANT KAUR Vs. DEPUTY COMMISSIONER

JUDGEMENT

(1.) This writ petition is filed to quash the order of the chief sales Commissioner, Ludhiana dated 25-11-1980 by which he set aside an autction sale of the 'Package Deal' Property held on 8.1.1964.

(2.) The Naib Tehsildar (Sales), Ludhiana put to auction a land of an extent 125 Kanals 17 marlas and 125 Kalans 16 marlas on 8.1.1964 in accordance with the provisions of the packge Deal Rules, 1962. The petitioner participated in the auction through her son and became the highest bidder and the also deposited the earnest mony. Immediately, after the compietion of the sale in the public auction, one Bhagat Singh and others filed objection. Objecjtions filed by Bhagat Singh and others were rejected by the Settlement Officer (Sales) on 9.4.1964. Thereafter, the sale in favour of the petitioner were confirmed on 25.4.1964. Possession was also delivered to the petitioner and petitioner continued to be in possession of the said land purchased by her and also made improvements thereof in the public auction. Thereafter, the Government of Punjab received some complaints against the sales of the evacuee property in the state of punjab on the ground that some officials purchased the evacuee property in the sales conducted by the Tehsildar (sales) in the state of punjab. Thereafter, the govt. of punjab constituted Harchand Singh Committee to enquire into the cases of sales of sales of evacuee property by the concerned authorities and whether the purchasers in those auctions in the grab of purchase grabbed the land. The committee submitted its report. On the basis of the report of the committee, the state of punjab ordered the reopening of some sases under section 10 of the punjab package Del property (disposal) Act, 1976. In pursuance of the said direction of the Goverment, the Chief Sales Officer issued a notice to the petitioner to show cause why the sales in her favour should bot be set aside. The petitioner and her sons submitted their replies. the Chief sales Officer in the impugned order dated 25.11.1980 set aside the sales in favour of the petitioner Smt.Jaswant Kaur on the ground that the auction was knocked down in favor of the petitioner fradulantly. In the course of the order, he further stated that there was no proper proclamation of the auction and sales were, therefore, vitiated and accordingly set aside the sales in favour of the petitioner.

(3.) The petitiner filed this writ petition challeging the orders passed by the Chief Sales Commossiner, Ludhiana.