Shobha Chand vs Dy. Commissioner (Sw) & Ors.
2010 Latest Caselaw 4516 Del

            *IN THE HIGH COURT OF DELHI AT NEW DELHI

                                    Date of decision: 24th September, 2010.

+                           W.P.(C) No.5716/2010
%

SHOBHA CHAND                                           ..... PETITIONERS

                            Through:      Mr. Sunil Chauhan, Advocate

                                     Versus

DY. COMMISSIONER (SW) & ORS.         ..... RESPONDENTS
                 Through: Mr. Neeraj Chaudhary, Advocate

CORAM :-
HON'BLE MR. JUSTICE RAJIV SAHAI ENDLAW
1.       Whether reporters of Local papers may
         be allowed to see the judgment?                   No

2.       To be referred to the reporter or not?            No

3.       Whether the judgment should be reported           No
         in the Digest?

RAJIV SAHAI ENDLAW, J.

1. The petitioner claims to be in occupation of land admeasuring 12

Bighas & 13 Biswas bearing Khasra Nos.41/5 (0-14), 42/1/1(3-12), 10(2-

16), 12/1(2-7), 9/2(3-14) situated in the Revenue Estate of village

Samaspur Khalsa, Najafgarh, New Delhi for the last four decades. The

petitioner admits that the land is recorded in the name of the respondent

no.3 Gaon Sabha. The petitioner by this writ petition seeks a direction to

the respondent no.1 and to the respondent no.2 Tehsildar to carry out

entries in the relevant column in the Khasra Girdawari in accordance with

Rule 63 of the Delhi Land Revenue Rules, 1962 and to reflect each and

every crop sown by the petitioner and to record his cultivatory possession

with respect to the said land. The petitioner contends that the respondents

1 & 2 are bound to do so in terms of Rule 63 (supra) and are failing in

their duty. The petitioner claims to have earlier filed writ petitions for the

same relief and pursuant whereto the respondents are informed to have

recorded the possession of the petitioner for the year / crop for which

direction was issued. The petitioner however claims that the failure of

the respondents 1 & 2 compels her to file writ petitions repeatedly.

2. The petitioner further pleads that his possession over the said land

is not disputed by the respondent no.3 inasmuch as the respondent no.3

Gaon Sabha has in or about the year 2005 initiated proceedings against

the petitioner under Section 86A of the Delhi Land Reforms Act, 1954.

3. In the earlier writ petitions filed before this Court, directions were

issued to the revenue authorities to examine the application of the

petitioner under Rule 63 and to pass a speaking order thereon. Though I

have in judgment dated 16th September, 2010 in WP(C) No. 5807/2010

titled Sh. Bhagmal Vs. Gaon Sabha, Aya Nagar held that once the

proceedings under Section 86A are pending, person in possession cannot

insist upon his possession being recorded but nevertheless since no order

has been passed on the applications of the petitioner, the respondents 1 &

2 are directed to within four weeks from today make a speaking order on

all pending applications of the petitioner under Rule 63 aforesaid and in

the said order to also deal with the question whether during the pendency

of the proceedings under Section 86A of the Delhi Land Reforms Act the

said Rule 63 of Delhi Land Revenue Rules is to be complied with or not.

With the aforesaid directions, the petition is disposed of. No order as to

costs.

RAJIV SAHAI ENDLAW (JUDGE) 24th September, 2010 'gsr'..