SHRI UGGARSAIN v. GOVT. OF N.C.T. OF DELHI THROUGH ITS CHIEF SECRETARY & ANR.

Delhi High Court · 28 Apr 2023 · 2023:DHC:2979
Mini Pushkarna
W.P.(C) 5484/2023
2023:DHC:2979
administrative petition_allowed

AI Summary

The Delhi High Court directed the respondents to expeditiously consider the petitioner's complaint regarding a disputed mutation order and grant him a hearing before taking any decision.

Full Text
Translation output
Neutral Citation Number: 2023:DHC:2979
W.P.(C) 5484/2023
HIGH COURT OF DELHI
Date of Decision: 28th April, 2023
W.P.(C) 5484/2023
SHRI UGGARSAIN ..... Petitioner
Through: Mr. N.S. Dalal with Mr. Devesh Pratap Singh, Mr. Alok Kumar and Ms. Rachana Dalal, Advocates.
(M): 9990650484 Email: chamberofnsdaal@gmail.com
VERSUS
GOVT. OF N.C.T. OF DELHI THROUGH ITS CHIEF SECRETARY & ANR. ..... Respondents
Through: Mr. Rishikesh Kumar, ASC, GNCTD with Mr. Aditya Raj, Ms. Sheenu Priya, Mr. Sudhir Kumar Shukla, Mr. Muhammad Zaid, Mr. Sumit Choudhary and
Mr. Sudhir, Advocates for respondent no. 1 and 2.
(M): 9911483629 Email: officeofadvrishikesh@gmail.com
CORAM:
HON'BLE MS. JUSTICE MINI PUSHKARNA [Physical Hearing/ Hybrid Hearing]
MINI PUSHKARNA, J. (ORAL):
JUDGMENT

1. The present writ petition has been filed with prayer for directions to the respondents to take action on the complaint dated 07.11.2022 filed by the petitioner to the Divisional Commissioner, 5, Sham Nath Marg, Delhi-110054.

2. It is the contention on behalf of the petitioner that the petitioner is aggrieved by the Mutation order sanctioned by the Revenue Authority in favour of a third person, who has nothing to do with the land in question. It is submitted that when the petitioner came to know about the order of mutation passed by the Revenue Authority, the petitioner herein filed a written complaint dated 07.11.2022 before the respondents thereby bringing out the complete facts.

3. It is submitted that the order of mutation has been passed ignoring the previous orders passed by the learned Financial Commissioner i.e. order dated 11.11.1986 and 02.03.2017.

4. It is submitted that mutation order dated 27.03.2017 has been passed by the learned SDM. When the petitioner came to know about the same, a detailed complaint to the Divisional Commissioner, who is the custodian of the record, was filed.

5. It is submitted that by way of the present petition, the petitioner is concerned and is confining the relief only to the inaction on the part of the respondents in not taking any action on the complaint dated 07.11.2022 filed by the petitioner. It is submitted that the authorities are duty bound to act upon the written complaint of the petitioner.

6. Issue notice.

7. Notice is accepted by learned counsel appearing for the respondents.

8. Learned counsel submits that the complaint dated 07.11.2022, as submitted by the petitioner, shall be dealt with expeditiously.

9. In view of the aforesaid, the present writ petition is disposed of with directions to the respondents to consider the complaint dated 07.11.2022 submitted by the petitioner to the learned Divisional Commissioner, at the earliest and expeditiously, preferably within 8 weeks from today.

10. It is further directed that at the time of consideration of the complaint dated 07.11.2022 of the petitioner, the petitioner shall be granted hearing by the respondents.

11. With the aforesaid directions, the present writ petition is disposed of. MINI PUSHKARNA, J APRIL 28th, 2023 c