IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Date of decision : 03.07.2025 Shamsher Singh through LRs ...... Petitioner Versus Financial Commissioner (Appeals), Punjab and others ...... Respondents CORAM : HON'BLE MR. JUSTICE HARSH BUNGER Present :- Mr. G.S. Nagra, Mr. K.S. Rawat, Mr. P.S. Chahal, Advocates for the petitioner.

Mr. Navneet Singh, Senior DAG Punjab.

Mr. Dinesh Ghai, Mrs. Amita Arora, Advocates for respondent No. 5.

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HARSH BUNGER, J.

1. Prayer in the instant civil writ petition filed under Articles 226/227 of Constitution of India, inter alia, is issuance of a writ in the nature of certiorari for setting aside the order dated 15.07.1992 (Annexure P-5), passed by learned Financial Commissioner (Appeals), Punjab (in short 'Financial Commissioner').

2. Briefly, petitioner is stated to have purchased 10 Kanal – 4 Marla area, comprised in Khasra No. 25//11/3, 20 and 21, in an open auction on 25.01.1983. The sale is stated to have been conducted under the provisions of Punjab Package Deal Properties (Disposal) Act, 1976 (in short '1976 Act'). The petitioner is stated to have paid the balance amount of Rs. 13,360/- on 27.05.1986.

2.1 It is stated that one Hazara Singh son of Shri Partap Singh claimed himself to be in possession of the aforesaid land in question and applied for its transfer to Tehsildar (Sales). It appears that the aforesaid prayer of Hazara Singh was rejected on 03.01.1975 holding that the said area could not be transferred to him as the same was sub-urban property. According to the petitioner, the said order dated 03.01.1975 has attained finality.

2.2 It is further stated that since aforesaid land in question was sub urban property, the same was put to an open auction on 25.01.1983, wherein petitioner was the highest bidder.

2.3 It is still further submitted that above referred Hazara Singh and other persons, namely, Piara Singh, Parkash Singh, Jagir Singh, Kulwant Singh, Mohan Singh etc. submitted their objections to aforesaid open auction held in favour of petitioner, however, the same were rejected by Settlement Commissioner, Punjab, Rehabilitation Department, Mohali, (in short 'Settlement Commissioner'), vide order dated 26.04.1984 (Annexure P-1).

2.4 It is required to be noticed here that in the said order dated 26.04.1984 (Annexure P-1), it has been duly recorded that the application of the objectors for transfer of land on the basis of possession had already been rejected by Tehsildar (Sales) on 03.01.1975 on the ground that the land being sub urban, could not be transferred under the then prevalent policy. It is still further observed that the land had become urban upon extension of municipal limits and accordingly, the same was auctioned.

2.5 Feeling aggrieved against order dated 26.04.1984 (Annexure P-1), above referred Piara Singh preferred an appeal before learned Deputy Commissioner-cum-Chief Settlement Commissioner, Rupnagar (in short 'Chief Settlement Commissioner'), however, the same was dismissed, vide order dated 30.08.1985 (Annexure P-2) by observing as under :-

“ I have carefully considered the arguments advanced on behalf of both the sides and have also gone through the record of the lower courts. It is not disputed that the land in question is the package deal property. As such the disposal of package deal land/property has to be governed by the provisions of the Punjab Package Deal Properties (Disposal) Act, 1976 and rules framed thereunder. It is contended that the land in question was rural agricultural land and its nature could not be changed but the nature and status of the land depends upon its location i.e. if it falls within the limit of rural estate it become rural land and if it comes within the municipal limits it becomes sub-urban/ urban. The land in question was located in village Kharar but if falls within the extended municipal limits of Kharar town Committee. As such the land in question was to be deemed as urban. The disposal of urban/sub-urban land/ property