Gurdev Singh, J.

1. This dispute in this petition under Article 226 of the Constitution relates to evacuee property situate in Totamazia, district Hoshiarpur, which was originally described as house No. 4 but in the course of time had got reduced to a taur measuring 8 marlas. This taur, the reserve price of which was fixed by the Rehabilitation authorities at rs. 96/- was put up for auction on 13th MAy, 1964. The auction was conducted by the Naib Tehsildar (Sale)-cum-Managing Officer, when the property was knocked down in favour of the petitioner Harkishan Singh, being the highest bidder for Rs. 160/-. The very next day the petitioner deposited the entire sale price.

2. Twelve days later, on 25th May, 1964, Ved Parkash a local resident, made an application to the Naib Tehsildar stating that he was prepared to offer Rs. 320/- for this taur and the same be sold o him cancelling the earlier sale in favour of the petitioner Harkishan Singh. In this application there was no allegation that there was any defect, fraud or irregularity in publication or conduct of the sale. Ved Parkash wanted the cancellation of the previous sale solely on the plea that because of his absence from