AMAR SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) This writ petition is directed against the order of the Financial Commissioner, Haryana, dated 24th June, 1980, copy, Annexure P.4, passed under Section 33 of the Displaced Persons (Compensation and Rehabilitation) Act, 1954.

(2.) The petitioner, Amar Singh, is in possession of the plot measuring about 12 marlas in Shahbad Markanda. He filed the application for the purchase of this plot at reserve price alleging that he had raised construction thereon. The Tehsildar, Sales, Kaithal, informed him that as per the State Government instructions, the reserve price of the plot came to Rs. 400/- per marla plus 50 per cent penalty, he being in unauthorised possession thereof. The petitioner filed an appeal against the order of the Tahsildar, Sales, but the Settlement Officer, vide order dated 13th December, 1971, rejected the same. The petitioner was unable to prove before the Chief Settlement Commissioner that the plot, in dispute, was evaluated at Rs. 50/- per marla. That being so, the Chief Settlement Commissioner found that the order of the Tehsildar charging the price at Rs. 400/- per marla plus 50 per cent penalty was correct. The same argument was raised before the Financial Commissioner, exercising the powers under Section 33 of the above-said Act, but was not accepted. In paragraph 6 of the writ petition, again, the petitioner made the averments that the reserve price of the plot was fixed at Rs. 50/- per marla and, therefore, the price fixed by the authorities was illegal. However, this was denied in the written statement and was stated that the price of the plot in dispute came to Rs. 400/- per marla. In these circumstances, I do not find and illegality or infirmity in the impugned orders as to be interfered with in the writ jurisdiction. Consequently, this writ petition fails and is dismissed with costs.

(3.) During the pendency of the writ petition, vide order dated 13th January, 1981, re-auction of the property, in dispute, was stayed provided the petitioner deposited Rs. 4,257/- with the Tahsildar (Sales) Kurukshetra, within fifteen days thereof. Prior thereto, vide order dated 30th October, 1980, the recovery proceedings were stayed meanwhile. Under the circumstances, the petitioner is still liable to pay a sum of Rs. 10,510/- as determined vide Annexure P-5. If the said amount of Rs. 10,510/- is not paid within two months from today, after deducting the amount of Rs. 4,257/- if already paid, the plot, in dispute, in the name of the petitioner, shall stand cancelled.