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2017 Supreme(P&H) 2767

AMIT RAWAL
Ruhi Khan – Appellant
Versus
State of Haryana – Respondent


For the Petitioner:Mr. Anand Chhibber, Sr. Advocate with Mr. Vaibhav Sahni, Advocates.
For the Respondent: Mr. Rajbir Singh, AAG, Haryana.

JUDGMENT

Mr. Amit Rawal, J. (Oral):- Petitioners have impugned order dated 06.04.2011 (Annexure P-3 ) whereby the Financial Commissioner and Principal Secretary to Government of Haryana, Revenue and Disaster Management Department, exercising the powers under Section 9 of The Haryana Evacuee Properties (Management and Disposal)Act, 2008 has ordered to resume the land in favour of the State Government.

2. Brief facts of the case are that respondent No.3 auctioned land measuring 34 bighas 2 biswas in khasra No. 129 in village Ghata Shamshabad, Tehsil Ferozepur Jhirka, District Mewat (Nuh) on 25.06.1987 in which Harbux was the highest bidder. The said auction was confirmed and sale certificate was issued to the auction purchaser. After a period of 4 years 5 months the auction-purchaser sold 2/3rd of the land to Sh. Umda (since deceased), father of respondent No.13-Aslam and 1/3rd to Khurshid respondent No.14 for a total consideration of Rs.1,50,000/- vide registered sale deed and mutation was also entered in their favour. Aslam and Khurshid then sold the land to the petitioners vide Vasikha deed for Rs. 1,15,00,000/-. After a period of almost 23 years a reference was made by respondent








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