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2001 Supreme(P&H) 287

JAWAHAR LAL GUPTA, N.K.SUD
Tarsem Singh – Appellant
Versus
State of Punjab – Respondent


Advocates Appeared:
For the Petitioner:Mr. Jasbir Singh, Advocate.
For the Respondent Nos. 1 and 2: Mr. M.C. Berry, Sr DAG, Punjab.
For the Respondent No. 3:Mr. G.S. Nagra, Advocate.


JUDGMENT

Jawahar Lal Gupta, J. (Oral) - The dispute is regarding 2 kanals of land. It belongs to the Central Government. A proclamation regarding auction was made in the village on May 7, 1990. The land was actually auctioned on May 25, 1990. Respondent No. 3 was the highest bidder. His offer was accepted. The petitioner filed objections. He claimed that he was in occupation of the land and that it be allotted to him. The matter was considered by the Sales Commissioner. Vide order dated October 17, 1990, a copy of which has been placed on record as Annexure P-3, the objections were rejected. The petitioner filed an appeal before the Chief Sales Commissioner. It was dismissed vide order dated May 9, 1991. A copy of the order is at Annexure P-5 with the writ petition. It was held that the objections had not been filed within the prescribed time. The auction was held to be valid. Thus, the appeal was rejected. The petitioner filed a revision petition before the Commissioner. Vide order dated September 28, 1994, a copy of which has been produced on record as Annexure P-6, the Commissioner held that the Chief Sales Commissioner should have examined the point of possession on the basis of










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