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1984 Supreme(P&H) 125

I.S.TIWANA, PREM CHAND JAIN, G.C.MITTAL
Surja Ram – Appellant
Versus
State Of Haryana – Respondent


Judgment

PREM CHAND JAIN, J.

1. The only legal question that needs determination by this Beach may be formulated thus:-

Is the Settlement Commissioner or other 0ificer under Rule 5 (i) of the Rules for Sale of Surplus Rural Property, bound to give reasons for not accepting the highest or other bids?

2. The land in question measuring 50 Kanals 1 Marla situated in village Kamalpur Gadrian, Tahsil and District Karnal, was evacuee property. It was put to auction several times, but for one reason or the other the auction was not accepted. The last auction took place on 24th November, 1978. In this auction the petitioner and his brothers gave highest bid of Rs. 20,400.00 . A sum of Rs. 2,550.00 was deposited as earnest money/sale proceeds of the aforesaid property vide Receipt No. 94, Book No. 1600 dated 24th November, 1978. It appears that soon after the auction, a writ petition was filed in this Court on the ground that the land in dispute could not be put to auction as the same was not an evacuee property. To this writ petition, which was ultimately dismissed, the petitioner was not made a party. However, it appears that the Settlement Officer (Sales) without issuing any notice or affo



























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