Iqbal Singh v. Additional District Magistrate

1. This hearing has been done through hybrid mode.

2. The present petition has been filed seeking certified copies of the case file ‘Gaon Sabha, Bijwasan vs. Ballu Ram & Ors.’ bearing Appeal NO. 148/03 having Case ID 14758. The case of the Petitioner is that despite repeated visits to the office of the Respondent and repeated representations being written, the certified copies are not being issued.

3. Copy of the affidavit filed on behalf of the GNCTD, is taken on record. Let the copy of the original counter affidavit be placed on record by Mr. Rishikesh Kumar, ld. Counsel.

4. As per the affidavit deposed by Mr. Balram Meena, Additional District Magistrate, Kapashera, New Delhi which has been handed over today, it appears that an order was passed in this matter on 28th February,

2022. The Petitioner applied for a copy of the same on 22nd March, 2022. However, no copy was provided. The said alleged order dated 28th February 2022 has still not been produced even before this Court. Today, the affidavit placed on record of Mr. Meena is to the effect that the file was consigned to the record room and upon searching, the same could not be traced. It is also claimed that an office order dated 20th December 2022 had been issued by the deponent directing all the SDMs concerned to search the file in their respective offices. However, despite repeated efforts, the same file could not be traced.

5. Further, upon perusing through the counter affidavit it is seen that the dispatch register does not match as to when the file was consigned to the record room. The typed chart claims that the record was sent on 8th March, 2022 to Mr. Mukesh Patwari (Record Keeper, Kapashera). The Bailiff - Mr. Ravindra Kumar, who is present in Court submits that the Patwari was Mr. Manoj Kumar at the relevant point of time. It is noticed by this Court that in a large number of matters, records are going missing from the offices of the Sub-Registrars and other officials. Repeatedly the Court is taking notice of the same and enquiries are being directed. This is a matter of serious concern and the officials are behaving in a callous and casual manner. Considering that these are valuable lands which these documents relate to, the missing of such records has a significant bearing on rights of citizens and there is a threat of misuse of the documents.

6. Considering the above, the following officials shall be present in Court at the next date of hearing: i) Mr. Balram Meena - current ADM, South-West District, Kapashera, New Delhi; ii) Mr. Rakesh Dahiya, ADM, South West who has allegedly passed the order dated 28th February, 2022 irrespective of wherever he is posted currently; iii) Mr. Manoj Kumar Patwari (Kanungo), Kapashera who is stated to have received the file on 8th March, 2022; iv) Mr. Mukesh Patwari, the Record Keeper (Kapashera) whose name is mentioned in the typed chart handed over to the Court in the counter affidavit filed today.

7. The above officials shall carry the original file relating to the property, subject matter of the present petition.

8. In addition, the original dispatch register shall also be produced on the next date of hearing.

9. A clear affidavit shall also be placed on record stating as to who were the officials who passed the order dated 28th February, 2022 along with the copy of the said order shall also be placed on record. The present position of the said official who had passed the order dated 28th February, 2023 shall also be placed on record.

10. List on 10th April, 2023 on top of the board at 10:30 a.m. PRATHIBA M. SINGH JUDGE MARCH 6, 2023 Rahul/dn