' SAAD SAOOD JAN, J.--An auction of agricultural land measuring 45 kanals and 11 marlas was held on 28-1-1976 under the scheme for disposal of unallotted evacuee rural agricultural land. The auction was presided over by the Assistant Commissioner. The petitioner offered the highest bid which was accepted by the Assistant Commissioner. Subsequently, the petitioner deposited the entire purchase price.
2. Under the Scheme, the auction required approval of the Deputy Commissioner. A complaint was made to him that the auction had been held without publicity and in another Chak. The Deputy Commissioner ordered an inquiry. The Inquiry Officer found that the complaint was not without substance. In the circumstances, the Deputy Commissioner refused to give approval. The petitioner filed a civil suit for a declaration that he had become the owner of the land purchased by him and that the order of the Deputy Commissioner in cancelling the auction proceedings was illegal and without jurisdiction. The suit was dismissed by the trial Court and the petitioner's appeal before the District judge and revision petition before the High Court failed. He now seeks leave to appeal from this Court.
3. We have seen the relevant Scheme under which the auction was held. Paragraph 4.1 of the Scheme states: ' Auction will be conducted by the Assistant Commissioner/E.A.C.O/E.A.S.O. Of the respective area.
The auction will, however, be subject to the approval of the D.C., C.O. And S.O. Of the district concerned.
Admittedly, in this case there is no order of the Deputy Commissioner or of the Colonization Officer or of the Settlement Officer approving the auction proceedings. After hearing the learned counsel, we are not persuaded that the order of the Deputy Commissioner in not approving the auction proceedings suffers from any infirmity. The petition is dismissed.