IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. CM No. 15882 of 2010 and CIVIL WRIT PETITION NO.6047 OF 1987 DATE OF DECISION: November 26, 2010. Parties Name Kirpal Singh and another ...PETITIONERS. VERSUS State of Punjab and others ...RESPONDENTS CORAM: Hon'ble Mr. Justice Jasbir Singh PRESENT: Mr. K.S. Sidhu, Advocate, for the petitioner. JASBIR SINGH, J. (oral) Order. This application has been filed with a prayer to recall order dated November 1, 2010, dismissing Civil Writ Petition No. 6047 of 1987 for non-prosecution. In view of reasons given in the application, which is accompanied by an affidavit, it is allowed and order dated November 1, 2010, is recalled and the writ petition is restored to its original number. On request made, writ petition is taken up for final hearing. CWP No. 6047 of 1987: With regard to land, allegedly purchased by the petitioners in open auction on November 13, 1981, sale was not confirmed by the Sales Commissioner on a ground that the land in dispute already stood allotted to the private respondents on October 19, 1981. Against that order of non- CIVIL WRIT PETITION NO.6047 OF 1987 -2- confirmation of sale in their favour, the petitioners went to the appellate Court. Their appeal was dismissed. Revision petition, filed by them, also met the same fate. The Financial Commissioner while dismissing the revision petition has observed as under: “3. I have taken into consideration the arguments advanced on behalf of the parties and have also perused the record of the case. I am inclined to agree with the contention of the respondents that the land could not be put to auction on 13.11.1981 as it had already been allotted in favour of Arjan Singh, predecessor-in-interest of respondent No. 1, on 19.10.1981 in lieu of the land left by him in Pakistan. At the time of conducting auction, allotment of land to Arjan Singh was still valid and it had not been allotted to any other person. Further it has been admitted by the parties that the question of allotment of land under the Displaced Persons Act is still pending, after remand, with Tehsildar (Sales). The petitioners may get the necessary relief under the Displaced Persons Act and in that case the present proceedings under the Punjab Package Properties (Disposal) Act, 1976 will become infructuous.” This Court is of the view that the opinion expressed above is perfectly justified. All the revenue authorities below have found it as a matter of fact that the land in dispute was allotted in favour of Arjan Singh, predecessor-in-interest of the private respondents on November 13, 1981. If CIVIL WRIT PETITION NO.6047 OF 1987 -3- it is so, auction of that very land on a subsequent date has rightly been not confirmed. No case is made out for interference as there is nothing on the record to show that the finding of fact arrived at by the authorities below was not correct. Dismissed. ( JASBIR SINGH ) JUDGE November 26, 2010. DKC