G.C.MITAL, J.

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 626 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 judgement.

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 Rules to the Settlement Commissioner-cum-Deputy Secretary, Rehabilitation, Punjab,