Full Text
W.P.(C) 11309/2009
RAJ KUMAR & ORS. ..... Petitioner
Through Mr. Rakesh Kumar, Advocate.
Through Mr. Rajeev Sharma, Adv. for R-1 & 2.
Mr. Suman Chaudhary, Adv. for R-3 & 4.
Mr. Rohit Kumar, Adv. for R-5.
The respondent No.4 herein had initiated proceedings under Section 55 of the Delhi Land Reforms Act, 1954 in the year, 1988. These proceedings have remained pending since then.
JUDGMENT
2. The petitioners herein had earlier filed W.P.(C) 1764-75/2006. The Court took notice of the delay in the proceedings and the manner in which the proceedings were being held before the Revenue Assistant for last 18 years without any meaningful progress being made. This writ petition was disposed of vide order dated 31st March, 2006 as the Revenue Assistant had undertaken to hear the matter on day-to-day basis and complete the proceedings within one month. Statement of the Revenue Assistant to this effect was recorded.
3. Thereafter, the proceedings were disposed of by the Revenue Assistant on 28th April, 2006. The decision of the Revenue Assistant was made subject matter of 2010:DHC:355 WPC No.11309/2009 Page 2 appeal before the first appellate authority. The allegation of the petitioner is that some persons, who were not parties in the proceedings before the Revenue Assistant, were made parties before the first appellate authority. The first appellate authority by a short order dated 28th January, 2008, has remanded the entire matter back for fresh trial after recording submissions of the counsel for the appellant that they were not given opportunity to summon the judicial file of mutation and the application under Order XXIII Rule 1 of the Code of Civil Procedure, 1908 filed by them for withdrawal of part claim was not disposed of.
4. The order remanding the matter back to the Revenue Assistant was passed on 28th January, 2008. Counsel for the petitioner submits that till today no steps for disposal of the proceedings have been taken by the Revenue Assistant. He submits that the petitioner will be satisfied if the directions given in the order dated 31st March, 2006, passed in W.P.(C) 1764-75/2006 are reiterated. Counsel appearing for the private respondents state that they have no objection in case the directions issued in order dated 31st March, 2006 passed in W.P.(C) 1764-75/2006 are reiterated.
5. Looking at the nature of litigation, which has remained pending since 1988 and also the order passed by this Court dated 31st March, 2006 in W.P.(C) No.1764-65/2006, the Revenue Assistant is directed to hold day-to-day hearing and dispose of the proceedings within a period of three months w.e.f. 10th February, 2010. In case, the Revenue Assistant cannot dispose of the proceedings within three months, he will move an application before this Court in the present WPC No.11309/2009 Page 3 writ petition explaining the reason for delay and will also produce original file.
4. It is stated that the matter is fixed before the Revenue Assistant on 10th February, 2010. The parties will inform the Revenue Assistant of the order passed today. The writ petition is disposed of. Dasti to the counsel for the parties.
SANJIV KHANNA, J. JANUARY 21, 2010 NA/P