Shri Nafesingh vs Govt. Of Nct Of Delhi And Ors.
2005 Latest Caselaw 607 Del

JUDGMENT

B.C. Patel, C.J.

CM 5030/05

Allowed subject to just exceptions.

LPA 637/05 and CM 5029/2005

1. Appellant claiming to be in adverse cultivatory possession against the Gaon Sabha pertaining to 2 bighas 6 biswas of land has approached this court against the order passed by the learned single Judge in WP(C) 11794/04 decided on 7th October, 2004 Learned single Judge in para 12 held as under:-

"12. Position, therefore, would be that since petitioner claims to be in adverse cultivatory possession against the Gaon Sahba pertaining to 2 bighas and 6 biswas comprised in pre-consolidation khasra no. 41/11, petitioner has to pursue his claim against the Gaon Sabha because in the Khatha of the Gaon Sabha land in lieu of its pre-consolidation holding would be allotted as per the partition. Petitioner has to pursue his remedy under the Consolidation Act aforesaid. Petitioner has to lay a claim to be put in possession of 2 bighas and 6 biswas of land out of the khatha of the Gaon Sabha."

2. Thus it was for the appellant under the provisions contained in the East Punjab Holdings (Consolidation and Prevention of Fragmentation) Act, 1948 to take appropriate remedy. The order was passed on 7th October, 2004 Appeal is filed with the delay of 84 days, inter alia, stating that because of some inconvenience and sickness of the appellant it took some time to contact the local advocate and prepare this LPA. Nothing further is stated except this. The delay is not satisfactorily explained. In view of the fact that the learned single Judge has relegated the appellant to approach the appropriate authority and till today he has not approached the authority on the apprehension that he will be dispossessed is no ground. The appellant to approach the appropriate officer and appeal along with the application is not required to be entertained. Hence dismissed.