RAJ KUMAR Vs. FINANCIAL COMMISSIONER

JUDGEMENT

(1.) THIS writ petition is directed against the order dated 19th February, 1981 (Annexure P-4) passed by the Financial Commissioner, Revenue and Secretary to Government, Punjab, Rehabilitation Department. By this order, the Financial Commissioner, Revenue, exercising the residuary powers of the Central Government under Section 33 of the Displaced Persons (Compensation and Rehabilitation) Act, 1954 (hereinafter referred to as the Act) set aside the order dated 17th December, 1979 (Annexure P-2) passed by the Settlement Commissioner, Punjab, Jullundur and the order dated 7th May, 1980 (Annexure P-3) passed by the Chief Settlement Commissioner, Punjab, Jullundur, and ordered the cancellation of the sale certificate in favour of Raj Kumar (petitioner herein) with regard to the evacuee property bearing No. 2653/9 Amritsar.

(2.) BRIEFLY stated, the facts of the case are that the petitioner Raj Kumar purchased evacuee property No. 2653/9 Amritsar in open auction for Rs. 9600/- in the year 1969. The petitioner deposited the earnest money of Rs. 1920/- and the balance amount Rs. 7680/- was to be deposited by the petitioner upto 6th December, 1969.

(3.) MR . Patwalia, learned counsel appearing on behalf of the petitioner, submitted that under Rule 90(11) of the Displaced Persons (Compensation and Rehabilitation) Rules, 1995 (hereinafter referred to as the rules), the Settlement Commissioner could extend the period granted at the time of auction by such period not exceeding 15 days and the Chief Settlement Commissioner could extend this period without any limit. He, therefore, contended that the learned Financial Commissioner exceeded his jurisdiction in setting aside the orders passed by the Settlement Commissioner and the Chief Settlement Commissioner.