GULWANT SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) . The present is a petition filed under Section 15(i) of the Punjab Package Deal Properties (Disposal) Act, 1976, against the order dated 30.10.1995, passed by the Commissioner (Appeals), Patiala Division, Patiala. Section 15(i) of the Act ibid empowers the State Government to call for record of any case under the Act, pending before or disposed of by any officer, at any time, and further authorises to pass such order in relation thereto as in its opinion, the circumstances of the case may require, consistent with the provisions of the Act ibid and the Rules framed thereunder. The Act ibid, enacted "to provide for the disposal of properties taken over by the Punjab Government in Package Deal and for matters connected thereto", which was published in the Punjab Government Gazette on 30.4.1976, envisages under Section 4(i)(b), that : Subject to any Rules that may be made under this Act, the Tehsildar (Sales) or Naib-Tehsildar (Sales) may transfer any Package Deal Property - by sale by auction restricted to socially and educationally Backward Classes of citizens notified by the State Government from time to time or to the members of the Scheduled Castes. The Punjab Government in exercise of its power vested under Section 18 of the Act ibid had framed the Rules, which were called "The Punjab Package Deal Properties (Disposal) Rules, 1976". The 'Package Deal Property' has been defined under Section 2(1-A) of the Act ibid, and the term 'restricted auction' has been defined under Rule 2(j), and the term 'Rural Property' has been defined under Rule 2(1) of the Rules ibid. Part IV (Rule 6) of the Rules ibid, provides for the 'Sale of land or property, by auction'; and, Rule 6(6) provides for the procedure for sale of land or property, by auction - both public auction, as well as, restricted auction.

(2.) AS revealed from the record, the surplus agricultural land, measuring 17 kanals 12 marlas, comprised in Khasra No. 2796, situate at Village Sehjra, Tehsil Barnala, District Sangrur, was put to sale by restricted auction, as a Package Deal Property on 8.3.1982 and was purchased by Gulwant Singh son of Mangal Singh for Rs. 48000/- being the highest bid. Gulwant Singh had deposited Rs. 2400/- representing 5% of the highest bid on the spot. This sale was confirmed by the Sub-Divisional Officer (Civil)-cum-Sales Commissioner, Barnala on 22.4.1982. Under Rule 6(6)(xii)(a), intimation of the approval of the bid was required to be conveyed to the auction purchaser; but, from the perusal of record, it appears, that this was not done. As, the land was sold in restricted auction, the auction purchaser was required to pay the balance price in 19 half-yearly equated interest-free instalments; the first instalment being payable at the end of the first harvest after one year from the date of approval of the sale as required under Rule 6(6)(xii)(c). Further, it is provided under Rule 6(6)(xiii), that, if the auction purchaser does not deposit the balance of the purchase money within the period specified in Clause (xii) or defaults in the payment of two successive instalments within the stipulated period, the Tehsildar (Sales) or Naib-Tehsildar (Sales) shall recover the defaulted amount as arrears of land revenue.

(3.) AS revealed from the record, the land was put to second auction on 23.8.1994, in compliance of the orders passed by the Sales Commissioner, Barnala, and the same was purchased by Gurnam Singh son of Sarwan Singh. For seeking review of the order dated 26.10.1994, Gurnam Singh had moved an application before the Chief Sales Commissioner, Sangrur, on the ground, that, he had not been made a party in the appeal filed by Gulwant Singh; but, the same was rejected by the Deputy Commissioner-cum-Chief Sales Commissioner, Sangrur, vide his order dated 16.11.1994. Thereafter, Gurnam Singh had filed a revision petition under Section 10(4) of the Act ibid against the order dated 26.10.1994, passed by the Chief Sales Commissioner. This revision petition was accepted vide order dated 30.10.1995, passed by the Commissioner (Appeals), Patiala Division, Patiala; as per which, he had set aside the order passed by the Chief Sales Commissioner, Sangrur, and had remanded the case to him for fresh examination and decision. The operative part of this order reads as follows :-