SARUP SINGH Vs. STATE OF HARYANATLP

JUDGEMENT

(1.) BRIEF facts, stated in the petition, are that the Tehsildar (Sales), Gurgaon, respondent No. 3, advertised the auction of land measuring 8 kanals 11 marlas being half share of the land measuring 17 kanals 2 marlas comprised in Khasra No. 71/10(8-0), 11/1(7-9), 12/1(1-13), situated in village Dudoli, Distt. Gurgaon, amongst harijans, members of scheduled castes community as a restricted auction. Auction was scheduled to be held on 26.8.93. Public notice i.e. ishtihar nilaam as well as other requirement of rule 5 of the Package Deal Properties Rules (hereinafter referred to as the 'State Rules') were duly complied with. The auction was held on the scheduled date in which the petitioner emerged as the highest bidder for a sum of Rs. 25,000/-. A sum of Rs. 3,125/- being 1/8th as earnest money was deposited by the petitioner at the fall of hammer. The reserve price fixed by the Government for the auction of the land was Rs. 11,875/-.

(2.) SOME objections were filed but the same were dismissed by the Additional Settlement Officer (Sales), respondent No. 2, vide his order dated 24.1.1994. Thereafter, respondent No. 2, who is the competent authority to grant or not to grant the approval under the State Rules approved the auction after satisfying himself about the auction. Confirmation is reflected in the proforma annexed as Annexure P-1 with the petition.

(3.) THE petitioner did not receive any communication from the respondents and he kept on visiting the office time and again but was told that the file had been sent to the Head office for onward transmission to the Government through the Financial Commissioner, Revenue and when the same was received in the office of respondent No. 3, a communication would be sent to the petitioner intimating him to deposit the balance amount but till the end of October, 1996, the petitioner did not receive any communication. In the first week of November, 1996 he came to know from the office of respondent No. 3 that respondent No. 1 had passed an order whereby the auction in his favour had been set aside. Thereafter, the petitioner filed an application for getting certified copies of the bid sheet, confirmation proforma and copy of the receipt depositing the earnest money a well as the copy of the order issued on 20.4.95. A copy of the order contained in letter dated 20.4.95 is annexed as Annexure-P-2 with the petition.