The appeal of the appellant was dismissed by the Assistant Settlement Commissioner as per order dated October 31, 1966.
The Managing Officer Sales as per order dated July 21, 1966 cancelled the sale in favour of the appellant and directed that the property in question be re sold by public auction.
The appellant then filed a writ petition before the Punjab and Haryana High Court to challenge the orders dated July 21, 1966, October 31, 1966 and May 17, 1969, but the said petition, as already state above, was dismissed in limine.
On October, 15, 1959 evacuee property 2 N.A.C. Ambala City was sold by public auction.
An offer was also made by the appellant that he was prepared to accept the property in dispute if the rehabilitation authorities allowed proportionate reduction in the price offered by him on account of the fact that the area of the property had been found to be less than what had been represented at the time of the auction sale.
In his letter dated March 12, 1963, the appellant wrote to the Regional Settlement Commissioner, that as the area of the property sold in his favour was less than what had been represented at the time of the auction sale, he was number liable in purchase of the property, i.e., bungalow 2 N.A.C. Ambala City and am free from all liabilities.
The property was thereafter re sold by public auction on September 24, 1966 for rupees one lakh one thousand in favour of respondent 4.
72,700/ and his bid was accepted The, appellant wanted Rs.
45,620/05 piase, on account of companypensation for the claim in respect of his property left in Pakistan, to be adjusted towards the sale price.
The rehabilitation authorities inspected the spot and found that the area of the property in fact was less than that assessed by the Valuation unit.
Before the appellant companyld pay the balance of the price, he made are presentation to the rehabilitation authorities that there had been an encroachment upon the property for which he had given the bid by the owner of the adjoining property and that the area of the property auctioned in his the appellants favour was less than the area mentioned at the time of the auction sale.
Revision filed by the appellant to the Chief Settlement Commissioner also met the same fate as per order dated May 17, 1969.
The appellant gave the highest bid of Rs.
The appellant is a displaced person.
R. Khanna, J. This is an appeal on certificate by Bhagat Ram Batra against the order of the Punjab and Haryana High Court whereby a petition under Article 226 of the Constitution of India filed by the appellant against the Union of India and three others was dismissed in limine.
