Mangal Sain & Anr. vs National Capital Territory Of ...
2013 Latest Caselaw 1932 Del

*              IN THE HIGH COURT OF DELHI AT NEW DELHI

%                                        Date of Decision: 29.04.2013

+      W.P.(C) No.2680/2013

       MANGAL SAIN & ANR.                          ..... Petitioners

                             Through:Mr.Anip Sachthey with Mr.Mohit
                             Paul, Advocate.
                             Versus

       NATIONAL CAPITAL TERRITORY OF DELHI & ORS.

                                                       ..... Respondents
                             Through:Mr.T.Mitra for Ms.Anjana Gosain,
                             Advocate.

CORAM:
HON'BLE MR. JUSTICE V.K.JAIN

                             JUDGMENT

V.K.JAIN, J. (ORAL)

CM No (to be numbered)(u/O VI Rule 17 CPC)

This is an application for amendment of the petition. The petitioners want to

amend the petition so as to implead Shri Dev Dutt Sharma and others as party to

the petition. Heard. Allowed. The amended petition is taken on record.

The application stands disposed of.

W.P.(C) No.2680/2013

Mr.Dev Dutt Sharma and some other persons filed a suit under Section 81,

84 and 86A of Delhi Land Reforms Act, 1954 before the SDM/Revenue Assistant,

seeking ejectment of respondents No.1 and 2 in that suit, namely, Mangal Sain and

Ravinder Sain, from the land comprised in Khasra No.37/18/1 min measuring

1600 sq. mtr. of Village Karawal Nagar, Delhi - 110 094, on the allegation that

they had encroached upon the aforesaid land and used the same for a purpose other

than a purpose connected with agriculture. They also sought restoration of the

aforesaid land to Gaon Sabha by proper demarcation, besides damages equivalent

to the cost of rendering the aforesaid land capable of being used for agriculture

purposes etc.

2. It appears that an application in the aforesaid suit was filed by Gaon Sabha

for transposition as the plaintiff in that suit. That application came to be allowed

by the SDM/Revenue Assistant, vide order dated 6.2.2013. An appeal was filed by

the petitioners before this Court who are defendants/respondents No.1 and 2 in the

suit pending before the SDM, challenging the order dated 6.2.2013. The learned

counsel appearing for the petitioners states that along with the appeal, they have

also filed an application seeking stay of the proceedings pending before

SDM/Revenue Assistant. However, copy of the aforesaid application is not on

record.

3. The grievance of the petitioners is that though the appeal was filed way back

on 13.2.2013, it has not taken up for hearing by the Deputy Commissioner

(Revenue)(North-East) as a result of which, there is an apprehension that the

SDM/Revenue Assistant may dispose of the suit pending before him on 1.5.2013,

which is the next date of hearing before him.

The petitioners have an interim protection from this Court till the matter is

decided by the Revenue Assistant/SDM but the said protection, according to the

learned counsel, would not be available any more after the suit is decided by the

SDM/Revenue Assistant.

4. In these circumstances, the petition is disposed of, with the direction that

Deputy Commissioner(Revenue) (North-East) Delhi shall take up the appeal filed

by the petitioners for hearing on 1st May, 2013 and pass such order as he may deem

it appropriate on the application seeking stay of the proceedings pending before

him. A copy of this order be given dasti under the signature of the Court Master.

                                                                V.K. JAIN, J

APRIL        29, 2013

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