AMRIT SINGH Vs. JOINT SECRETARY

JUDGEMENT

(1.) THIS is a petition filed under rule 18 of the State Rules for the disposal of surplus rural evacuee land against the order dated 21.3.1996 passed by respondent No. 1 whereby the auction of the land in dispute was confirmed.

(2.) BRIEFLY , the facts of the case are that the land measuring 21 kanal 6 marla comprised in khasra No. 13/24, 23/3/1, 3/2 to 4, 8/1 and 153/2 situated in village Tibbi-Arain, Tehsil Chhachhrauli district Yamuna Nagar was put to open auction on 12.6.1993 and the respondent No. 3 Smt. Mohinder Kaur emerged as the highest bidder for Rs. 65,000/- against the reserve price of Rs. 49,690/-. This auction was confirmed by the S.O. (Sales), Ambala on 23.7.1993. The auction purchaser deposited the entire amount. Petitioner Sh. Amrit Singh thereafter filed a petition under Sections 19 and 20 of the Displaced Persons (Compensation and Rehabilitation) Act, 1954 before the S.O. (Sales), Ambala and objected the auction of the land. This petition was, however, dismissed by the S.O. (Sales) on 26.9.1994. The grounds taken by the petitioner have been that he was allotted this land in the year 1949 which was subsequently cancelled. However, he has been in possession of this land since then and therefore he was entitled to the transfer of this land on the reserve price. He was never given the notice of the auction of the land in dispute. The petitioner then filed a revision petition before the Joint Secretary, Rehabilitation-cum-Settlement Commissioner, Haryana against the order dated 26.9.1994 of the S.O. (Sales), Ambala. The Joint Secretary Rehabilitation found that the land in dispute was allotted to the petitioner in the year 1949 fraudulently and therefore it was cancelled lateron. The petitionr was also not eligible for the transfer of this land in his favour. He was earlier given a chance to deposit the price of the land which he failed to do as he wanted to grab the land without any price. The Ld. Joint Secretary Rehabilitation found the auction in order and dismissed the revision petition vide his order dated 21.3.96. The present petition has been filed against the above order of the Joint Secretary Rehabilitation on the same grounds which were taken up before the other authorities.

(3.) I have considered the submissions made by the parties in detail and also gone through the relevant record and facts of the case. The petitioner's case is that he has been in the possession of this land as an unauthorised occupant and as per policy of the Government he should be transferred this land on the price fixed by the Government and that is the motivation on his part to assail the auction of this land in favour of the respondent No. 4. However, it is revealed that the land in dispute was fraudulently allotted to the petitioner's father in the year 1949. This allotment was subsequently cancelled. The petitioner was also given a chance later on to have this land by way of transfer. But he did not deposit the instalments. Perhaps he wanted to have the land without any payment. The offer was accordingly withdrawn. Thus the land was available for disposal through open auction and accordingly the land was put to auction on 12.6.1993, and the auction in favour of the respondent No. 4 was confirmed by the S.O. (Sales), Ambala. This auction is now being assailed by the petitioner. It is obvious that the petitioner is challenging the auction for his vested interest and not for any public interest. The Joint Secretary Rehabilitation-cum-Settlement Commissioner, Haryana has upheld the auction by a reasoned order. I do not find any infirmity legal or factual in the impugned order. The petition is therefore dismissed. To be communicated. Petition dismissed.