Tehal Singh vs State of Punjab

Karl Reddy, J.

This is a revision petition u/s 15(1) of the Punjab Package Deal Properties (Disposal) Act, 1976 seeking to set aside the order dated the 25th March, 1992 of the Commissioner, Ferozepur Division, Ferozepur and the order dated the 18th April, 1991 of the Chief Settlement Commissionercum Deputy Commissioner, Ferozepur.

The facts of the case are not in dispute. Land measuring 32 Kanal comprised in 40M//20, 21, 45M//1, 10/12, each 8K0M, situated in village Nihala Lavera, Tehsil Ferozepur, was put to restricted auction by the Naib Tehsildar (Sales), Ferozepur on the 15th June, 1976. The highest bidder and present petitioner, Tehal Singh, had the auction confirmed in his favour vide order dated the 11th March, 1976 and sale certificate issued in his favour on the 9th March, 1987. On the 19th February, 1990, the intervenor filed an application stating that the land purchased in restricted auction had been sold to a Jat Sikh through registered sale deed dated the 25th January, 1990, thereby contravening the conditions of the auction, and violating the provisions of the Act ibid. The Tehsildar (Sales) made a suo moto reference to the Chief Settlement OfficercumDeputy Commissioner, Ferozepur, who accepted the same and set aside the auction in favour of Tehal Singh.

A revision petition under Section 10(4) of the Act ibid was moved before the Commissioner, Ferozepur Division, Ferozepur on the ground that the auction could not be set aside under the Punjab Package Deal Properties (Disposal) Act, 1976, since the auction was conducted on the 15th January, 1976 and confirmed on 11th March, 1976, whereas the Act came into force in April, 1976. It was further agreed therein that there was no condition either at the time of action or at the time of confirmation of the auction, that the auction purchaser is not entitled to alienate the land to a nonHarijan for 20 years. The Commissioner, Ferozepur Division, Ferozepur, vide his impugned order held that :

(i) the memorandum of auction clearly mentions that the land will not be sold for a period of 20 years; and

(ii) condition No. 6 of the Memorandum Restricted Auction in Form XXIS and the sale certificate issued in favour of Tehal Singh on the 9th March, 1987 mention clearly that he may not alienate the same to a nonHarijan.

The case is squarely covered by 1980 PLJ 404 Joga Singh v. The Deputy Secretary, Rehabilitation Department, Jalandhar and others, CWP 2861 of 1976 decided on the 4th October, 1979 : "Punjab Package Deal Property Rules, Rules 5 and 11 Condition No. 7 of Conveyance Deed prohibiting sale for 10 years Validity of Condition No. 7 important and integral part of Rules A valid and enforceable rule No inconsistency between Condition No. 7 and Rule 11."

The petition is accordingly dismissed.