Full Text
HIGH COURT OF DELHI
Date of Decision: 17th March, 2023
MANAS SETH ..... Petitioner
Through: Mr. Anuj Kumar Garg with Ms. Parul Verma, Advocates.
(M): 9999310742 Email: anuj1advocate@gmail.com
Through: Ms. Ankita Bhadouriya, Advocate for R-1/MCD.
Mr. Avishkar Singhvi with Mr. Naved Ahamad, Mr. Nipun Katyal and Mr. Vivek Singh, Advocates for R- 2.
Ms. Vrinda Awasthi, proxy counsel for Ms. Sangeeta Bharti, Standing Counsel for
R- 6.
Mr. Abhay Kumar with Mr. Shagun Ruhil and Mr. Amit Singh, Advocates for R13/
TPDDL
MINI PUSHKARNA, J. (ORAL):
JUDGMENT
1. This is an application under Section 151 CPC for exemption from filing certified copy of annexures.
2. Allowed, subject to just exceptions.
3. Application is disposed of accordingly. W.P.(C) 3373/2023 & CM APPL. 13075/2023 (Application under Section 151 CPC for necessary direction to take immediate action against the illegal and unauthorised constructions and encroachments)
4. In the present writ petition, the case of petitioner is that his mother had purchased plot no. 35, measuring 250 Sq. Yds., Village Qadipur, in Radha Park, Sector-2, Delhi vide registered Sale Deed dated 13.06.1974.
5. It is submitted that his mother was a member of the registered society of the plot holder owners which is a registered body and known as Radha Park Plot Holder Association Delhi, which is registered with the Registrar of Societies.
6. It is submitted that taking benefit of the fact that the plot holder owners were the outsiders and not native of the village, the recorded owner in connivance with other persons executed registered sale deeds in respect of the same land of which earlier registered sale deedd were duly executed in favour of the plot owners.
7. It is submitted that the original owners did not stop themselves here, despite the fact that they had already lost their ownership and every right and title over the land in question. It is submitted that the original land owners have forged other sale deeds using the same title documents, to make a chain thereof and using the same as genuine. Thus, on that basis, the said persons are approaching the Revenue Authorities, Registrar as well as various Courts with false claims relying on the forged documents. Thus, they are cheating by forging the documents and committing forgery using the forged documents, mis-representing them to be as genuine.
8. It is the case on behalf of the petitioner that he filed complaint dated 02.01.2023 and sent reminders dated 08.01.2023 and 16.01.2023. Thereafter, the petitioner submitted his representation with the SDM, Alipur, i.e. respondent No. 10 dated 29.11.2022. It is submitted that there is no response from the SDM, Alipur i.e. respondent No.10 despite representation dated 29.11.2022 having been given by the petitioner herein. Thus, by way of the present petition, it is prayed that directions may be given to respondent No.10 to adjudicate the representation dated 29.11.2022 filed by the petitioner within time bound period.
9. Issue notice to respondents.
10. Notice is accepted by learned counsel appearing for respondents.
11. Learned counsel submits that the representation of the petitioner shall be dealt with expeditiously.
12. In that view of the matter, the present writ petition is disposed of with directions to the respondents to adjudicate upon the representation dated 29.11.2022 filed by the petitioner within a period of 6 months from today.
13. The present writ petition is disposed of in the aforesaid terms, along with pending applications. MINI PUSHKARNA, J MARCH 17, 2023