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1982 Supreme(P&H) 294

J.M.TANDON, S.S.SANDHAWALIA
State Of Haryana – Appellant
Versus
Asha Ram – Respondent


Judgment

J.M.TANDON, J.

1. Evacuee land measuring 34 Kanals and 5 Marlas (nehri) in village Sulchani, Tehsil Hansi, District Hissar, which was a part of Package Deal Property, was put to auction restricted to Harijans on 17th of June, 1977 and the highest bid offered was that of Asha Ram respondent for Rs. 16,500.00 against reserved price of Rs. 10,000.00 . The respondent signed a memorandum of offer at the time of auction which contained a condition that the auction was subject to confirmation by the Settlement Commissioner or any other Officer appointed in this behalf and till the auction is confirmed and intimation thereof given to him, it will not be treated as sale. It was also provided that the Settlement Commissioner or the Officer shall not be bound to accept the highest bid and also shall not be bound to disclose the reasons therefor. A similar provision is contained in the Rules for the sale of surplus rural evacuee land properties purchased from the Central Government. The relevant part of the Rules reads :-

5. (h) .................. ... .... ... .... . . . . .. . .. . . . . . . . . ... . . . . .................. ... .... ... .... . . . . .. . .. . . . . . . . . ... . . .












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