HARDEEP JOHAR & ORS v. GOVT. OF NCT OF DELHI

Delhi High Court · 10 Dec 2014 · 2014:DHC:6909
SURESH KAIT
W.P.(C) No.4321/2014
2014:DHC:6909
civil petition_dismissed

AI Summary

The Delhi High Court held that a demarcation report conducted under official orders does not create legal rights and cannot be used as evidence in pending property disputes.

Full Text
Translation output
W.P.(C) No.4321/2014 HIGH COURT OF DELHI
JUDGMENT
delivered on: 10th December, 2014
W.P.(C) 4321/2014
HARDEEP JOHAR & ORS. ..... Petitioners Represented by: Mr.Sudhir Nandrajog, Senior
Advocate with Ms.Tara V.
Ganju, Advocate.
Versus
GOVT. OF NCT OF DELHI REPRESENTED BY: SECRETARY..... Respondent
Represented by: Mr.Amiet Andlay, Advocate for Respondents No. 1 to 6.
CORAM:
HON’BLE MR. JUSTICE SURESH KAIT
SURESH KAIT, J. (Oral)

1. The petitioners are aggrieved with the demarcation report dated 31.01.2014, which was carried out pursuant to order dated 20.01.2014 passed by the Tehsildar, Saket, New Delhi.

2. Learned senior counsel appearing on behalf of the petitioners submits that two suits have been decided in favour of the petitioners and the third suit is still pending before this Court. Despite, the aforesaid demarcation has been carried out maliciously on the complaint of Sh. Hari Kishan S/o Sh. Ram Karan without issuing notice to the petitioners.

3. In short affidavit filed by the respondent No.1, it is specifically stated that the said demarcation does not create right of any of the parties as the 2014:DHC:6909 W.P.(C) No.4321/2014 same had been carried out in pursuance of the orders passed by the said Tehsildar on the request of SHO, P.S. Fatehpur Beri, vide its letter dated 03.10.2013.

4. In view of the above recorded facts, the aforesaid demarcation cannot be used by either party as a piece of evidence, however, if any of the party would require the same, the said party can approach the appropriate authority as per law.

5. With the above observations, the instant petition stands disposed of.

SURESH KAIT (JUDGE) DECEMBER 10, 2014 sb