Nirmal Singh vs Gnct Of Delhi And Ors
2011 Latest Caselaw 4910 Del

*             IN THE HIGH COURT OF DELHI AT NEW DELHI

+    W.P.(C) 3162/2010 & C.Ms.No.20919/2010 & 20920/2010

                                     Decided on: 30th September, 2011.
IN THE MATTER OF :
NIRMAL SINGH                                             ..... Petitioner
                         Through:    Mr. Hanu Bhaskar, Adv.

                   versus

GNCT OF DELHI AND ORS                                       ..... Respondents
                   Through:          Mr. Vinod Wadhwa, Adv. for
                                     respondents No.1 to 3.
                                     Mr. J.K. Jain, Adv. for R-4 & 5.
                                     Mr. Rajendra Dutt, Adv. for R-6 (a) to
                                     (c).

 CORAM
*HON'BLE MS.JUSTICE HIMA KOHLI

     1. Whether Reporters of Local papers may          No
        be allowed to see the Judgment?

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

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

HIMA KOHLI, J. (Oral)

1. The petitioner has assailed the order dated 15.10.2008 passed by

the Collector, South-West on an appeal preferred by respondents No.4

and 5 against respondents No.6(a) to (c), against the order dated

03.02.1982, passed by the Revenue Assistant, Delhi under Section 185 of

the Delhi Land Reforms Act. By the impugned order, the aforesaid order

dated 03.02.1982 passed by the SDM/Revenue Assistant was set aside

and the entry in the revenue record standing in the name of the deceased

respondent No.6 was directed to be deleted and further, the 1/8 th share of

Sh. Rati Ram, the predecessor-in-interest of respondents No.4 and 5

herein, was declared in favour of the latter.

2. Counsel for the petitioner states that though the aforesaid order is

appealable under the statute, but as the petitioner was unaware of the

aforesaid proceedings which culminated in the impugned order, he could

not approach the Appellate Authority to assail the same and has had to

approach this Court for relief on the ground that he is the owner of two

and a half bighas of land, out of a plot of land measuring 39 bighas 17

biswas as detailed in para-2 of the writ petition, situated in the Revenue

Estate of Village Rangpuri, Tehsil Vasant Vihar, South-West, New Delhi,

which was purchased by him from the legal heirs of respondent No.6, by

executing a set of documents on 06.03.2007. It is submitted that the

legal heirs of deceased respondent No.6 have sold smaller plots of land

from out of the larger chunk, to third parties, similarly situated as the

petitioner, and two such purchasers have sought impleadment in the

present proceedings by filing an application registered as C.M.

No.20919/2010.

3. Counsel for respondent No.6 (a) & (b) states that in view of the

difficulty expressed by the petitioner and in view of the fact that his

clients came to know of the passing of the impugned order only after they

were served in the present proceedings, they propose to seek their

remedies against the said order, either by directly approaching the

Collector, South-West by filing an application, or by preferring an appeal

against the same, as may be legally advised. He further states that

respondents No.6(a) to (c) shall ensure that the petitioner herein and the

applicants in C.M. No.20919/2010 are impleaded as parties in the

proceedings proposed to be initiated by them before the Revenue

Authorities.

4. Counsel for respondents No.4 & 5 states that he does not oppose

the aforesaid submission made by counsel for respondent No.6, but

reserves the right of respondents No.4 & 5 to take all the pleas available

to them on facts and in law, to oppose the legal proceedings proposed to

be initiated by the legal heirs of respondent No.6. He further states as far

as his clients are concerned, they do not recognize the sale/purchase of

the subject land, on the strength of the documents placed on record by

the petitioner.

5. Without going into the merits of the case and in view of the

aforesaid submissions made by the counsel for the parties, the present

petition is disposed of alongwith pending applications, with liberty granted

to respondent No.6 to approach the Revenue Authorities within three

weeks from today for setting aside the order dated 15.10.2008, as per

law. Respondents No.6(a) to (c) shall ensure that the petitioner herein as

also the applicants in C.M.No.20919/2011 are impleaded in the said

proceedings so that they are afforded an opportunity of placing their

stand before the Revenue Authorities. It is further clarified that the

parties shall be entitled to take all the pleas as may be available to them

before the Revenue Authorities which shall include pleas on facts as also

in law.

The petition is disposed of, along with the pending applications.

HIMA KOHLI,J SEPTEMBER 30, 2011 'anb'