C.W.P.No.814 of 2008 (O&M) -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH C.W.P.No.814 of 2008 (O&M) Date of Order: 22.02.2010 Darshan Singh(Deceased) through his legal representatives ....Petitioner Versus State of Punjab and others ..Respondents CORAM: HON'BLE MR. JUSTICE RAJIVE BHALLA Present: Mr. B.S.Bhalla,Advocate for the petitioner. Mr. S.S.Sahu, Assistant Advocate General,Punjab for respondents No.1 to 3. RAJIVE BHALLA, J (Oral). The sole grievance of the petitioner is that though the validity of the order dated 30.09.1976, passed by the Sales Commissioner, Punjab Rehabilitation Department, Jalandhar, directing that the land be disposed of in an re-auction has been affirmed by this Court in its order dated 02.12.1993, passed in RSA No.568 of 1988 titled as Inder Singh vs. Darshan Singh and others, the respondents have not proceeded to auction the land. Counsel for the respondents submits that the petitioner does not have any right to direct official respondents to auction the land. While affirming the order dated 30.09.1976, this Court granted liberty to re-auction the land. The discretion, therefore, to re-auction or not vests with the State. I have heard counsel for the parties and perused the order C.W.P.No.814 of 2008 (O&M) -2- dated 30.09.1976 passed by the Sales Commissioner, Punjab Rehabilitation Department, Jalandhar and the order dated 02.12.1993 passed by this Court. Whether the land should be auctioned or not falls to discretion of the respondents. However, the present controversy can be put at rest by calling upon the Tehsildar, Zira, or the authority empowered to do so to pass an order, after considering all relevant schemes/notifications/rules and regulations whether the Government proposes to auction the land in dispute. The order be passed within six months of the date of receipt of a certified copy of this order. In case, the government decides not to auction the property in dispute the amount of Rs.9400/- deposited by the petitioner shall be refunded forthwith. February 22, 2010 (RAJIVE BHALLA) nt JUDGE