Gurdev Singh v. State of Punjab & Ors.
Case brief
What is this about?
Petitioner challenging an order by the Financial Commissioner setting aside an auction under the Punjab Package Deal Properties Act. Court held that the Commissioner's reserved right to cancel auction by reference to competent authority meant the Financial Commissioner lacked power to effectuate that right, restoring the earlier Commissioner's order.
What did the court decide?
Impugned order dated 10.12.1985 set aside; order of Commissioner dated 1.1.1985 restored.
What the court decided
CWP No. 105 of 1986
1
IN THE HIGH COURT OF PUNJAB & HARYANA, CHANDIGARH
CWP No. 105 of 1986 Date of decision October 13, 2011
Gurdev Singh
....... Petitioner
Versus
The State of Punjab and others
........Respondents
CORAM: HON'BLE MR. JUSTICE K. KANNAN
Present:Mr. R. C. Setia, Senior Advocate with Mr. Neeraj Khanna, Advocate and Mr. Surinder Singh, Advocate for the petitioner.
Mr. P. C. Goyal, Additional Advocate General, Punjab for respondent Nos. 1 to 5.
Issues for consideration
3 issues framed by the court
Whether the Financial Commissioner could exercise revisional power under Section 15 against an order already disposed of by the Commissioner under Section 10(4).
Whether a third party participant who claimed defects in an auction could file a further revision after the Commissioner had reserved the right to cancel it if the department deems land inalienable.
How to restore finality in the auction process where the department had already received money and handed over possession.
Parties & counsel
- petitioner
Gurdev Singh
- respondent
The State of Punjab
Coram
K Kannan
Case details
As recorded by the court registry
- Court
- Punjab & Haryana HC
- Decided on
- · October
- Registered
- Case no.
- CWP/105/1986
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