HAZARA SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THIS petition has been filed for challenging orders Annexures P-5, P-6 and P-7 dated 30.3.1983, 12.3.84 and 29.9.87 respectively, whereby the auction of a plot of land measuring 124 square yards odd, comprised in Khasra No. 188 min., situated in village Tikhowal Mukerian, District Hoshiarpur, in favour of respondent No. 3 was upheld.

(2.) THE petitioner alleges that he had been in possession and is residing in the disputed property since 1969, and that he had moved an application to respondent No. 2 for transfer of the property in his favour on the basis of his possession. Instead of allowing the application, the respondent No. 2 ordered the auction of the property for 31.10.1979. It is alleged that this order was challenged by the petitioner before the Settlement Commissioner and on 23.10.1979 the following order was passed :-

(3.) IT was further averred that during the pendency of the matter before the Financial Commissioner (Revenue), a Civil Suit filed by the proprietary body of village Tikhowal Mukerian against the State of Punjab, the Union of India and 11 alienees therefrom was decreed by judgment and decree dated 7.3.86 whereby a declaration was issued that land measuring 205 Kanals and 13 Marlas bearing Khasra Number 188 min. situated in village Tikhowal Mukerian was the property of the proprietary body and that the sales made in favour of the 11 alienees by the Union of India were invalid and would not affect the rights of the proprietary body. It is alleged that this judgment was brought to the notice of the Financial Commissioner which has not been dealt with in his order dated 29.9.87.