Punjab Package Deal Properties (Disposal) Act, 1976: s. 16 – Bar of jurisdiction and finality of orders – On facts, alienation of the land, sold under restricted auction – Proceedings for resumption of the land, allowed by the Authority and the said order set aside by the High Court – Thereafter, order by the Deputy Commissioner that cancellation of the auction was proper and confirmed the allotment made in favour of the appellants – Said order attained finality – Thereafter, suit by respondents seeking declaration that they are bonafide purchasers – Trial court decreed the suit holding that the order passed by the Deputy Commissioner was null and void – In appeal, the first appellate court set aside the order of the trial court – However, the High Court restored the order of the trial court – On appeal, held: Every order made by any officer or authority under the Act is final and no civil court shall have jurisdiction to entertain any suit or proceeding and no injunction shall be granted by any court or other authority in respect of any action taken under provisions of the Act – First appellate court, by applying s. 16, held that the suit is barred and is not maintainable against the State and its authorities, without issuing notice u/s. 80 CPC, also no leave was sought from the court for dispensing with issuance of notice as provided u/s. 80(2) CPC – High Court did not deal with the said aspect – When the suit itself is barred, it is not open for the civil court to record any finding on the validity of the order passed by the Deputy Commissioner – Respondent-plaintiffs had an opportunity before the authority and when the said order has become final, in view of the bar u/s. 16, the High Court committed error in recording finding on the validity of the order passed by the Deputy Commissioner – Thus, the order passed by the High Court is set aside.
Allowing the appeal, the Court
HELD: 1.1 Every order made by any officer or authority under the Punjab Package Deal Properties (Disposal) Act, 1976 is final and no civil court shall have jurisdiction to entertain any suit or proceeding and no injunction shall be granted by any court or other authority in respect of any action taken under provisions of the Act. The first appellate court, by applying Section 16, has clearly recorded a finding that the suit is barred and further it was also held that suit is not maintainable against the State and its authorities, who are defendant nos.1 to 4, without issuing notice under Section 80 CPC. There is also nothing on record seeking leave from the court for dispensing with issuance of notice as provided under Section 80(2) CPC. The said aspect is not at all dealt by the High Court. So far as the bar of the suit under Section
16 is concerned, the High Court referred to Special Leave Petition, but, it appears that the said petition is dismissed for non-prosecution. High Court also referred to certain other earlier judgments to support a finding on the validity of the order dated 28.03.1985, passed by the Deputy Commissioner. But when the suit itself is barred, it is not open for the civil court to record any finding on the validity of the order dated 28.03.1985. [Para 13][1136-F-H; 1137-A-C]
1.2 The respondent-plaintiffs had an opportunity before the authority and when the said order has become final, in view of the bar under Section 16 of the Act, the High Court has committed error in recording finding on the validity of the order dated 28.03.1985. Further, the appellate court also has not disturbed the finding of the lower appellate court on issue of notice as contemplated under Section 80 CPC. Thus, the judgment and order passed by the High Court is set aside and thus, the suit is dismissed. [Para 13, 14][1137-C-E]
State of Haryana & Ors. v. Vinod Kumar & Ors. 1986
(1) PLR 222 – referred to.
As published in the Supreme Court Reports, Supreme Court of India. Text from the Indian Supreme Court Judgments open data set (Dattam Labs), CC BY 4.0.
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