Law:

Section:

Settlement Scheme No. VI--- Para. 6-Plot subject-matter of petition auctioned in favour of respondents and P. T. D. also issued-Petitioner not disputing auction of property in respondent's favour but alleging such auction having covered only a part of property and remaining part being open for transfer to petitioner-Point having not been taken in any of Courts below nor finding mention anywhere in writ petition ­Rejected-Reliance of petitioner upon some earlier form-Not possible due to finding of fact having been recorded by Department that no such form was ever filed-Form LH filed by petitioner when property already stood disposed of, writ petition, held, with­out merit and dismissed. ORDER KARAM ELAHEE CHAUHAN, J.-A plot which is the subject-matter of this petition was auctioned in favour of the respondents on 16th April 1960 who obtained its P. T. O. on 2nd August, 1960 and P. T. D. L on 24th November, 1960. 2. After the finalization of transfer in favour of the respondents, the present petitioner somewhere on 27th November, 1971 filed an appli­cation for claiming the plot. It was rejected by the learned Deputy Settlement Commissioner--(as stated in para 16 of the present petition) on the same day namely 27th November, 1971 on the ground that the plot having already been disposed of it was no longer available for trans­fer. An appeal of the petitioner against the aforesaid order also met the same fate and was rejected by the learned Additional Settlement Commissioner on 13th November. 1973. However, in his order aforesaid be said that it was an appeal against an order dated 8th March, 1972, whereby the Deputy Settlement Commissioner had rejected the petitioner's miscellaneous application dated 10th November, 1971. Be that as it may and without resolving this confusion the fact remains that the Additional Settlement Commissioner dismissed the appeal of the petitioner. 3. The petitioner then filed a constitutional petition being W. P 1110-R of 1973 which was dismissed by the High Court on 12th November 1974. In the High Court the department had submitted are not in which they stated that the petitioner had filed an L H form on 12th June, 1966 under Settlement…

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