Full Text
HIGH COURT OF DELHI
Date of Decision: 16th March,2023
JAGVIR SINGH RANA ..... Petitioner
Through: Mr. Lohit Ganguly with Mr. Ajay Kumar and Mr. Mohit Khatri, Advocates.
Through: Mr. Amandeep Joshi, Advocate for respondent no. 1 and
2/GNCTD.
(M): 9818065100 Email: amandeepjoshi.adv@gmail.com
MINI PUSHKARNA, J. (ORAL):
JUDGMENT
1. The present writ petition has been filed with prayer for directions to respondent no. 1 Sub Divisional Magistrate (SDM)/Revenue Assistant (RA) (Model Town), Delhi to decide and pass final order and judgment in case no. 1554/RA/ALP/2018 titled as Jagbir Singh Rana & Ors. Vs. Devender Kumar & Anr., under Section 23 of Delhi Land Revenue Act, 1954 (DLR Act).
2. It is the case on behalf of the petitioner that during the consolidation proceedings, in lieu of agricultural lands owned by his father, the father of the petitioner was allotted agricultural lands elsewhere falling under Khasra Nos. 95/11 min (3-11), 12(4-0), 13/1(0-18), 19//20/1 (5-10), 30(0-14), 94/15/2 (0-2), situated within the revenue estate of Village Alipur, Delhi. The father of the petitioner was also allotted two residential plots falling under Khasra No. 272(1- 16), 273 min (1-0) situated within the revenue estate of Village Alipur, Delhi.
3. It is submitted that since the date of allotment and till his demise, the father of petitioner and thereafter his LR’s have remained in possession of the said land and have never sold the lands.
4. It is submitted that father of the petitioner expired on 03.04.2012. After his demise all his movable and immovable assets and property devolved upon his LR’s i.e. the petitioner, his widow, his two brothers and three married sisters.
5. Subsequently, reference under Section 23 of the Delhi Land Revenue Act, 1954 for mutation of names of the LRs of deceased father of the petitioner came to be sent by the Tehsildar to the Court of Learned SDM/RA, Alipur, Delhi, out of which the instant petition emanates.
6. It is submitted that notices in the said case were issued to the petitioner and to two of his brothers as well respondent no. 3. However, despite pendency of the said case since a long time, the said reference under Section 23 of the DLR Act has not come to be decided.
7. Learned counsel appearing on behalf of the respondents submits that the said application under Section 23 of the DLR Act is being considered by the concerned SDM and that the matter is now listed before the said authority on 11.04.2023. He, thus, submits that the matter will be heard on the next date fixed before the said authority and the matter shall be decided expeditiously.
8. In view thereof, it is directed that the matter shall be heard by the learned SDM/RA, Model Town on 11.04.2023, when the matter is stated to be next listed before the said authority.
9. Further, it is directed that the case no. 1554/RA/ALP/2018 titled as Jagbir Singh Rana & Ors. Vs. Devender Kumar & Anr., under Section 23 of Delhi Land Revenue Act, 1954 shall be decided by the said authority expeditiously on or before 31.05.2023.
10. With the aforesaid observations, the present writ petition is disposed of. MINI PUSHKARNA, J MARCH 16th, 2023 c