Mahipal Singh v. Govt of NCT of Delhi

Delhi High Court · 02 Mar 2023 · 2023:DHC:1631
Mini Pushkarna
W.P.(C) 2694/2023
2023:DHC:1631
administrative petition_allowed

AI Summary

The Delhi High Court directed the respondent authority to decide the petitioner's pending representation regarding land possession within three months, enforcing the statutory duty to decide representations expeditiously.

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Neutral Citation Number: 2023/DHC/001631
W.P.(C) 2694/2023
HIGH COURT OF DELHI
Date of Decision: 02nd, March, 2023
W.P.(C) 2694/2023 & CM APPL. 10397/2023
MAHIPAL SINGH ..... Petitioner
Through: Mr. R.K. Tarun, Advocate.
(M): 9811225854 Email: rajeshkumartarun@gmail.com
VERSUS
GOVT OF NCT OF DELHI ..... Respondent
Through: Mr. Prashant Manchanda, ASC with Ms. Vasleen Virk, Ms. Khushboo Tomar, Mr. Vansh Chawla and
Mr. Vaibhav, Advocates.
(M): 9971879203 Email: prashant.manchanda05@gmail.com
CORAM:
HON'BLE MS. JUSTICE MINI PUSHKARNA [Physical Hearing/ Hybrid Hearing]
MINI PUSHKARNA, J. (ORAL):
CM APPL. 10397/2023 (Application under Section 151 CPC for exemption from filing the certified copies of annexures along with the accompanying writ petition moved on behalf of the petitioner)
JUDGMENT

1. This is an application under Section 151 CPC for exemption from filing the certified copies of annexures.

2. Recording the undertaking on behalf of the petitioners that certified copies shall be filed within four weeks, exemption is allowed.

3. Application is disposed of.

4. The present petition has been filed with prayer for directions to respondent no. 1/District Magistrate to perform its statutory duty forthwith by deciding the representation dated 13.08.2020, preferred by the present petitioner before the said respondent.

5. It is the case of the petitioner that Department of Rehabilitation (Evacuee property cell) allotted land bearing khasra No. 17/3, Village Jharoda Majra, Burari, Delhi, admeasuring 3 Bighas 18 Biswa, to the grandmother of the present petitioner namely Ms Jitto W/o Sh. Cheta. Upon the demise of the father of the petitioner, who was the sole legal heir of his mother namely Ms Jitto, the present petitioner being the sole legal heir of his father has become the absolute owner of the property bearing Khasra No. 17/3, Village Jharoda Majra, Burari, Delhi.

6. It is the case of the petitioner that he approached the Tehsildar (Central) for demarcation of his aforesaid land and also paid the requisite fees towards the same. Subsequently, the petitioner also approached the Land and Building Department and Evacuee property Cell of the Govt. of NCT of Delhi seeking delivery of the possession of the aforesaid land.

7. It is submitted that the application was forwarded to SDM (Central) for necessary action. Subsequently, the petitioner preferred an application before the SDM, Civil Lines on 27.05.2016 for delivery of possession of the above land to the petitioner. It is submitted that no action has been taken as yet.

8. Subsequently, a representation dated 13.08.2020 was also made on behalf of the petitioner for urgent redressal of his grievances and adjudication of the applications made by the petitioner as aforesaid.

9. It is submitted that the representation dated 13.08.2020 has still not be decided by the respondents. Thus, the petitioner has filed the present writ petition.

10. Issue notice.

11. Notice is accepted by learned counsel appearing for the respondent.

12. Learned counsel appearing for the respondent on instructions submits that the representation as given by the petitioner will be decided by the authorities at the earliest.

13. In view of the aforesaid submission, the present writ petition is disposed of with directions to the respondent to dispose of the representations of the petitioner expeditiously in a time bound manner, preferably within a period of three months from today.

14. Written intimation of the decision by the respondent shall be given to the petitioner thereafter.

15. Liberty is granted to the petitioner to seek his legal remedies, in case, he is aggrieved by the decision passed by the respondent.

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16. With the aforesaid directions, the present writ petition is disposed of. MINI PUSHKARNA, J MARCH 02nd, 2023 c