Delhi High Court
Bihari Lal Jangir vs Debasis Biswal & Ors on 24 August, 2020
$~A-14
* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Date of decision: 24.08.2020
+ CONT. CAS(C) 1013/2019
BIHARI LAL JANGIR ..... Petitioner
Through Mr. J.P. Sengh, Sr. Advocate with
Mr. Sandeep Khatri, Advocate
versus
DEBASIS BISWAL AND ORS. ..... Respondents
Through Mr. Shlok Chandra, Ms. Mansie
Jain and Mr. Chandratanay
Chaube, Advocates for R-1 with R-
1 in person
CORAM:
HON'BLE MS. JUSTICE JYOTI SINGH
JYOTI SINGH, J. (ORAL)
Hearing has been conducted through Video Conferencing.
CM 16740/2020
1. Present Contempt Petition has been filed by the Petitioner alleging
willful / intentional disobedience of the order passed by the Division
Bench of this Court on 30.05.2019 in W.P. (C) 5103/2019. The operative
part of the order reads as under :-
"2. It is seen that the SDM has passed the order dated 26 th
April 2019 pursuant to the earlier order passed by this Court
on 10th January 2019. The SDM will now proceed to dispose
of the pending applications of the petitioner in accordance
with law, not later than three months from today."
2. Mr. Sengh learned Senior Counsel for the Petitioner draws the
attention of the Court to the Status Report filed by the concerned SDM on
09.01.2020, relevant paras of which read as under :
"11. That the undersigned, after considering and perusing
the entire material placed on record by all the concerned
parties as well as after hearing the arguments gave its finding
vide a report dated 26.04.2019 whereby the applicant /
petitioner is found owner of the property in dispute. However,
the undersigned inadvertently failed to dispose of pending
applications of the applicants in terms of finding arrived vide
report dated 26.04.2019 despite passing of detailed reasoned
order, thereby recording each and every plea of the parties
and my conclusion / decision to the said pleas. That the
undersigned thereafter returned the entire record alongwith
the order dated 26.04.2019 to this Hon'ble Court in
compliance of order dated 10.01.2019 passed by this Hon'ble
Court in WP(C) No. 3702 of 2016 titled as "BIHARI LAL
JANGIR VS. LAND ACQUISITION COLLECTORS & ORS."
12. That in view of the aforesaid bonafide inadvertent
mistake of the undersigned, the petitioner herein filed another
writ petition bearing no.5103 of 2019 before this Hon'ble
Court. That this Hon'ble Court vide order dated 30.05.2019
directed the undersigned to dispose of the pending
applications of the petitioner herein within three months in
terms of its finding arrived vide order dated 26.04.2019.
18. That in view of the aforesaid developments when the
undersigned expressed his intent to the respondent no.2 and 3
herein that since the parties other than the petitioner herein
i.e. (Sh. Bihari Lal Jangir) has failed to provide any document
of their ownership over the property in dispute, the mutation
in the name of petitioner herein may be carried out and the
demarcation may be done accordingly.
25. That in view of the aforesaid factual position the order
dated 30.05.2019 passed in WP(C) 5103 of 2019 is not
complied with and undersigned seeks three weeks more time
to comply to the said order."
3. Pursuant to the orders passed by this Court in the present Contempt
Petition, Mr. Debasis Biswal, SDM (Shahdara) is present in Court. He
submits that he has filed an Additional Status Report and in compliance
with the directions of the Court has already rendered a decision declaring
the Petitioner as the owner of property being Khasra No.58 admeasuring
19 Bigha 13 Biswas, situated at Village Jafrabad. He draws the attention
of the Court to the Status Report to this effect, relevant para of which
reads as under :-
"7. That the undersigned, after considering and perusing the
entire material placed on record by all the concerned parties
as well as after hearing the arguments gave its finding vide a
report dated 26.04.2019 whereby the applicant / petitioner
(Sh. Bihari Lal Jangir & Ors.) is found owner of the property
i.e. property measuring 19 Bigha 13 Biswas falling in Khasra
No.58, situated at Village Jafrabad. That the undersigned
thereafter returned the entire record alongwith the order
dated 26.04.2019 to this Hon'ble Court in compliance of
order dated 10.01.2019 passed by this Hon'ble Court in
WP(C) No.3702 of 2016 titled as "BIHARI LAL JANGIR VS.
LAND ACQUISITION COLLECTORS & ORS."
4. Mr. Biswal seeks a direction from this Court to declare the
Petitioner as the owner of the said property.
5. Mr. Sengh learned Senior Counsel for Petitioner responding to the
submission of Mr. Biswal submits that in the Additional Status Report,
the SDM has clearly stated that ownership of the said property has been
ascertained in favour of the Petitioner, vide his report dated 26.04.2019.
He argues that in view of the above, the prayer, seeking directions from
the Court in a contempt petition to declare the Petitioner as owner, is
completely misconceived. He further submits that after the ownership has
been ascertained, the SDM is required to carry out the demarcation and
mutation of the property and unnecessary delay is being caused in taking
this consequential action.
6. At this stage, Mr. Biswal submits that he may be granted a period
of eight weeks within which he shall carry out mutation as well as
demarcation of the property in question.
7. In view of the assurance given by Mr. Biswal, no further orders are
required to be passed in the present application which is accordingly
disposed of. Needless to state that the mutation and the demarcation of
the property shall be carried out within a period of eight weeks as
undertaken by Mr. Biswal.
CONT. CAS(C) 1013/2019
8. Contempt Petition is disposed of in view of the orders passed as
aforesaid in the Application. Date of 24.09.2020 is hereby cancelled.
9. Mr. Debasis Biswal tenders unconditional apology for non
appearance on the previous dates. The same is hereby accepted.
JYOTI SINGH, J
AUGUST 24, 2020 /yg
