MOHINDER SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THIS order will dispose of C. W. P. Nos. 4681, 4811, 4820, 5063, 5064, 5070, 5210, 5282, 5564, 5608, 5627, 5642, 6045, 6397 and 6913 of 1975 and 629 and 4531 of 1976, in which common question of law is involved. For facility of reference, the facts of C. W. P. No. 5063 of 1975 would be noticed in this judgment.

(2.) RAKHA, respondent No. 3, had purchased the land in dispute in a restricted auction held by the Rehabilitation Department as a Harijan and in the sale certificate there was a clause debarring him from making sale within a period of ten years and in default of the same, the sale certificate in his favour was liable to be cancelled and the auction price to be forfeited. Admittedly, Rakha, respondent effected sale in favour of the petitioner and others within the period of ten years as a result of which the transfer made in favour of Rakha by the Rehabilitation Department became liable to be cancelled.

(3.) WHEN the sale by Rakha in favour of the petitioner and others came to the notice of the Rehabilitation Department, a reference was made under rule 11 of the Package Deal Roles to the Settlement Commissioner-cum-Deputy Secretary, Rehabilitation, Punjab, for taking action for cancellation of the transfer made in favour of Rakha respondent. The said officer heard Rakha respondent and vide order dated l9th of May, 1975, copy annexure P-3, cancelled the sale in his favour and forfeited the amount paid by him. Against order annexure P-3, Rakha did not take any action but one of his vendees has come to this Court to challenge the same on various grounds, including the one that the order Annexure P-3 is liable to be struck down as the vendees from Rakha were entitled to be heard before passing the same and since they were not heard, the order was liable to be set aside.