BALBIR SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) This petition is filed to challenge the order dated 10.03.2015 passed by the Financial Commissioners, Haryana by which the transfer of the property in question at the instance of the successor-in-interest of Babu Ram to the present petitioner has held to be void ab initio.

(2.) In brief, the facts given to me in Court are that the surplus land measuring 13 kanal 10 marlas was allotted to Babu Ram vide order dated 28.03.1994 passed by SDO (Civil)-cum-Prescribed Authority Jagadhri for an amount of Rs. 4,938/- which was to be paid by him with 5% interest in ten equal instalments. The certificate of allotment was issued on Form US3. Pursuant to the allotment, mutation No.1660 was also sanctioned in favour of Babu Ram by the AC 2nd Grade on 30.08.1994. Admittedly, Babu Ram had paid only one instalment of Rs. 618/- and, thereafter, did not pay any instalment. Babu Ram died on 27.04.2001 and after his death, mutation of inheritance No.2691 was sanctioned in favour of his successor-in-interest (respondent Nos.2 to 8) on 106.2006. Respondents No..2 to 8 sold the land in question by a registered sale deed No.2691 dated 106.2006 to the petitioner for a consideration of Rs. 15 lakhs. Thereafter, the land was mutated in the name of the petitioner vide mutation No.2297 on 29.12006.

(3.) After four years of registration of sale deed in favour of the petitioner, one Salim son of Sharifudeen moved an application dated 17.05.2010 to the prescribed Authority/SDO alleging that the heirs of Babu Ram have sold the land in question in violation of terms and conditions of the allotment. The said application was dismissed in default on 04.02.2011. The prescribed Authority was of the view that he is not competent authority to take any decision on the application and thus referred the application for disposal to the State and disposed of the application with recommendation to the State to file a revision before the Financial Commissioner. The State Government filed the revision before the Financial Commissioner which was allowed vide impugned order dated 10.02015 inter-alia on the ground that the heirs of Babu Ram have violated clause 12 of the Haryana Utilization of Surplus and Other Area Scheme, 1976 (for short, `the Scheme') as they have sold the land without paying full consideration of the land to the allotting authority.