Full Text
HIGH COURT OF DELHI
Date of Decision: 1st March, 2023
MANIKANT SHARMA ..... Petitioner
Through: Mr. Rudrajit Ghosh, Ms. Vishali Nahar, Advocates
Through: Mr. Anupam Srivastava, ASC for GNCTD with Ms. Sarita Pandey, Advocate
(M:9205174429)
MINI PUSHKARNA, J. (ORAL):
JUDGMENT
1. The present petition has been filed by the petitioner being aggrieved by the inaction of the respondents in failing to decide the application of the petitioner filed under Section 26 of the Delhi Land Revenue Act, 1954 read with Rule 173 of the Delhi Land Revenue Rules, 1962.
2. It is submitted that the petitioner is the owner of the property admeasuring 16 Biswas bearing Khasra No. 454, Village – Fatehpur Beri, New Delhi. The petitioner has been in quiet enjoyment and peaceful possession of his property since 1980’s and was declared bhumidar under Section 85 of the Delhi Land Reforms Act, 1954 vide order dated 22.12.1997 passed by the respondent No.2. The order passed by the respondent No.2 under Section 85 of the Delhi Land Reforms Act, 1954 is attached as annexure P-1 along with the present writ petition.
3. It is submitted that sometime in February 2022, when the petitioner was desirous of alienating his land, enquiries were conducted on his end into the revenue records. It is at this stage that the petitioner came to know that despite having been declared bhumidar of the subject land vide order dated 22.12.1997, mutation entries and possessory rights concerning unrelated third parties are reflected in the Annual Register/Khatauni maintained for land in question. Thus, the petitioner filed an application on 08.06.2022 under Section 26 of the Delhi Land Revenue Act, 1954 read with Rule 173 of Delhi Land Revenue Rules 1962. By way of the said application, petitioner has sought correction of the revenue entries concerning the subject land. However, despite lapse of a long time, the said application of the petitioner has not come to be decided by the respondents.
4. The petitioner thereafter wrote a letter dated 10.10.2022 to the respondents requesting for an urgent action on the application filed by him. Despite the same, no notice/intimation whatsoever has been received from the respondents. Thus, the present writ petition has been filed.
5. Issue notice. Notice is accepted by ld. Counsel for respondents. She submits that application of the petitioner for correction in the revenue entries is as such not proper, as the petitioner is required to first undergo the exercise for mutation of land in question in his name. Thus, she submits that petitioner may be directed to move an appropriate application before revenue authority for the purposes of carrying out mutation in his name on the basis of documents in his favour.
6. In view of the submissions made before this Court, the present writ petition is disposed of with directions to the respondents to adjudicate upon the application dated 08.06.2022 submitted by the petitioner with the respondents.
7. The petitioner is also in the meanwhile granted liberty to move an appropriate application for mutation of the land in question in his favour.
8. The petitioner would be free to seek his legal remedies in case he is still aggrieved by any order passed by the respondents.
9. With the aforesaid directions, the present writ petition is disposed of. MINI PUSHKARNA, J MARCH 1, 2023