Mr. Amit Rawal, J.: (Oral) - The petitioners are the successors-in-interest of Kamla Rani and Harbhagwan Nanda seeking the vindication of their grievance by challenging the orders dated 10.02.1986 (Annexure P-24), 05.07.1987 (Annexure P-25) & 07.02.2003 (Annexure P-42) with a further prayer of writ in the nature of mandamus directing respondent No.1 to decide the revision petition filed by the petitioners under Section 33 of the Displaced Persons (Compensation and Rehabilitation) Act, 1954 (for short ‘the 1954 Act’), on merits.

2. Mr. V.K. Jain, learned Senior Counsel assisted by Mr. Ravi Kadian and Mr. J.L. Malhotra, learned counsel appearing on behalf of the petitioners submits that three khasra numbers are in dispute bearing No.1393, 1394 & 1407, as per the jamabandi for the year 1943-44 measuring 2 bighas 15 biswas, 4 bighas 17 biswas and 7 bighas 11 biswas, respectively, which is reflected from the copy of the jamabandi (Annexure P-1). The land measuring 7 biswas from khasra No.1393 and 16 biswas from khasra No.1394 was transferred in favour of Sh. S.C. Mitra after subdividing the aforementioned khasra numbers and the transfer in favour had already upheld upto this Court. Both Harbhagwan Nanda and Kamla Rani were the lessees of the aforementioned land and had moved an application for purchase of the land, which was rejected by the Managing Officer vide order dated 17.06.1961 (Annexure P-10). In the meantime, the Government of India added the Rule 34 (C), (D) and (E) in the Displaced Persons (Compensation and Rehabilitation) Rules, 1955 (for short ‘the 1955 Rules), vide notification dated 19.07.1962 (Annexure P-11) and raised the limit from Rs. 10,000/- to Rs. 15,000/- on the premise that a person, who is a lessee, is entitled to purchase the land, if the value of the land does not exceed Rs. 15,000/-.. The Chief Settlement Commissioner wrote a letter dated 15.01.1963 (Annexure P-12) to Harbhagwan Nanda calling upon him to deposit a sum of Rs. 14,400/- which was accepted by Harbhagwan Nanda and 1/5th of the amount, i.e. Rs. 2,880/-, vide challan dated 21.01.1963 (Annexure P-13) was deposited. However, the valuation of the land was assailed before the Chief Settlement Commissioner, who vide order dated 19.08.1963 (Annexure P-16) remanded the matter back for re-fixation. The Managing Officer revaluated the land and fixed the price as Rs. 11,932.50. The aforementioned amount was accepted by Harbhagwan Nanda and not only Conveyance Deed was executed, but registered on 18.01.1964 (Annexure P-22). In the case of Kamla Rani also, the price was revalued and ultimately, permission was granted and the sale deed dated 14.01.1964 (Annexure P-21) was executed and registered. Despite the execution of the aforementioned conveyance and sale deeds, the Government, on 11.03.1956, caused a publication for public auction of Khasra No.1393, 1394, 1405, 1406 & 1407 and Smt. Suhagwanti was held to be a highest bidder. Since she did not deposit the bid amount and the Managing Officer vide order dated 24.11.1964 cancelled the auction. Even the sale deed in favour of Sh. S.C. Mitra had been duly executed and registered on 17.07.1968 (Annexure P-45). Smt. Suhagwanti challenged the aforementioned cancellation of the auction vide CWP No.7846 of 1976, which was dismissed as withdrawn on 23.02.1977 and filed a petition under Section 33 of the 1954 Act. In those proceedings, Sh. S.C. Mitra was arrayed as respondent(s). Smt. Suhagwanti moved an application for challenging the sale deed in favour of Harbhagwan Nanda and Kamla Rani and the same was adjourned sine die. However, the Chief Settlement Commissioner vide order dated 05.07.1982 (Annexure P-23) remanded the matter back to the Managing Officer, who vide impugned order dated 10.02.1986 (Annexure P-24), by relying upon the judgment rendered by the Single Bench of this Court rendered in CWP No.2604 of 1977 titled as ‘’Govind Ram V/s State’’ suggested that the khasra number could not be prepared