JOGI RAM SAINI Vs. STATE OF HARYANA

JUDGEMENT

(1.) THIS writ petition is filed to quash the order dated 17. 5. 1994 vide Annexure P-9 passed by the Financial Commissioner, Haryana.

(2.) THE Tehsildar (Sales), Jhajjar, District Rohtak issued a proclamation for sale of urban evacuee land of the extent of 0-3 Biswas in Khasra No. 10934/7984 on May 20, 1968. The sale was fixed to be held on 19. 6. 1968, but the auction was conducted on 30. 6. 1968 by the Tehsildar (Sales), Rohtak and Hari Singh, who was the predecessor-in-interest of the petitioners, became the highest bidder for a sum of Rs. 7,900/ -. The plot of the said land as demarcated and the actual possession of the land was also delivered to Hari Singh on 3. 11. 1968 and an entry was effected in the Roznamcha on the same day. After obtaining possession of the" said land, Hari Singh raised a huge construction in the said land. Though the auction was held in respect of Khasra No. 10934/7984 and an entry to the same effect was made in the Roznamcha, Khasra number of the property was described in the Sale Certificate as 10935/7985. In fact the said Khasra No. 10935/7985 is of the extent of 2 Biswas only and it is a gair mumkin rasta. But in fact according to the petitioner what was sold in the auction was Khasra No. 10934/7984 and the same was delivered to the petitioners at the spot. The petitioners further aver that about five years after the sale, the 4th respondent namely Mitter Kaur filed a suit in the Court of Sub Judge 1st Class, Rohtak on 29. 9. 1973 claiming that she was the owner of Khasra No. 10935/7984 measuring 0-3 Biswas of land and her father-in-law Bawa Mani Singh was the original allottee of the said land and that the property purchased by Hari Singh i. e. the petitioners' predecessor-in-interest, formed the part of the land allotted to Bawa Mani Singh who later gifted the same in favour of Mitter Kaur, respondent No. 4. The petitioners' father contested the suit but the said suit was decreed in favour of Mitter Kaur. The auction purchaser Hari Singh made an application to the Tehsildar (Sales)cum-Settlement Commissioner to make the correction of the Khasra Number. He also filed a revision petition Under Section 24 of the Displaced Persons (Compensation and Rehabilitation) Act, 1954 before the Chief Settlement Commissioner who allowed the revision petition on 12. 5. 1982 and ordered that necessary correction be made in the record to the effect that the land bearing Khasra No. 10934/7984 measuring 3 Biswas was sold to Hari Singh in the public 'auction'. Thereupon Mitter Kaur challenged the order dated 12. 5. 1982 of the Chief Settlement Commissioner by way of a revision petition. The said revision petition was allowed on 27. 5. 1987 by the Financial Commissioner. In the meantime, proceedings for cancellation of excess land allotted to Bawa Mani Singh through whom the 4th respondent has claimed her title, were initiated suo moto by the Assistant Registrar/managing Officer. Meanwhile Mitter Kaur filed an application seeking execution of the civil Court decree dated 14. 3. 1977. On the objections raised by the Judgment debtors, the application filed by Mitter Kaur was dismissed on the ground that the civil court decree had been rendered inexecutable. Thereafter Mitter Kaur filed a Civil Revision No. 2862 of 1982 in this Court. The said Civil Revision was disposed of by this Court on 15. 2. 1998. Thereafter the petitioners filed an application for reviewing the order dated 27. 5. 1987 before the Financial Commissioner who dismissed the same by the impugned order vide Annexure P-9. Challenging the same, the petitioners approached this Court by way of this writ petition.

(3.) IN the Revision Petition No. 2862 of 1982 filed by Mitter Kaur, this Court observed as follows: