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High Court of DelhiW.P.(C)/13062/2025

Kuldeep Singh v. Govt. Of NCT Of Delhi & ANR.

2025-08-27Hon'Ble Mr. Justice Prateek Jalan2 pages

$~74 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 13062/2025 KULDEEP SINGH .....Petitioner Through:

Mr. V.P. Rana and Ms. Bhawana, Advocates.

versus GOVT. OF NCT OF DELHI & ANR.

.....Respondents Through:

Mr. Manashwy Jha, Panel Counsel (Civil).

CORAM:

HON'BLE MR. JUSTICE PRATEEK JALAN

O R D E R

% 27.08.2025 1.

Issue notice. Mr. Manashwy Jha, learned Panel Counsel, accepts notice on behalf of the respondents.

2.

The petitioner has filed the present writ petition under Article 226 of the Constitution, seeking a direction upon respondent No. 2 to decide his appeal in terms of order of this Court dated 25.11.2005 in W.P.(C) No. 4730/1998, as confirmed by order dated 27.07.2012 in LPA No. 328/2006.

3.

The aforesaid writ petition was directed against the order dated 22.12.1986 passed by the Revenue Assistant, and consequential orders passed by the Additional Collector and the Financial Commissioner. This Court set aside the impugned orders and remanded the matter to the Revenue Assistant with the following directions: "27. Petition accordingly stands disposed of declaring that the order passed by the Revenue Assistant on 22.12.1986 in Case No. 423/RA/82, being the proceedings initiated under subsection 4 of Section 74 by the first respondent is void. Needless to state, consequential orders passed by the Additional Collector and the Financial Commissioner also fall. Proceedings initiated by the first respondent under sub-section 4 of Section 74 are revived. Directions are issued to the Revenue Authorities to W.P.(C) 13062/2025 Page 1 of 2 The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 30/08/2025 at 11:54:19

tag first respondent's petition with the proceedings under Section 86(a) filed by the gaon sabha against the petitioner. Since both proceedings have to be conducted by the Revenue Assistant, he would ensure that the two proceedings are listed on the same date. Evidence would be recorded as to who is in cultivatory possession and who has reclaimed the land. Based on evidence final order would be passed in the two proceedings. xxxx xxxx xxxx

29. Petition stands disposed of in terms of para 27 above. Keeping in view the fact that the dispute between the parties is festering for over 3 decades, Revenue Assistant is directed to complete the proceedings under Section 86(a) initiated by the gaon sabha against the petitioner and the remanded proceedings under sub-section 4 of Section 74 initiated by the first respondent pertaining to land comprised in khasra No. 525 ln the revenue estate of Village Kadipur within a period of one year from receipt of the present order."

4.

The Division Bench, by order dated 27.07.2012, affirmed the aforesaid order.

5.

Mr. Jha, learned counsel, appearing on advance notice, submits that he is awaiting instructions regarding whether the appeal has already been disposed of. Mr. V.P. Rana, learned counsel for the petitioner, however submits on instructions, that the petitioner has not received any order disposing of the appeal.

6.

Having heard learned counsel for the parties, the writ petition is disposed of, with the direction that in the event the appeal has already been decided, a certified copy of the order shall be furnished to the petitioner, as well as to Mr. Rana, within two weeks from today. In the event the appeal is still pending, respondent No. 2 shall dispose of the same within a period of four months from today. PRATEEK JALAN, J AUGUST 27, 2025 UK/KA/ W.P.(C) 13062/2025 Page 2 of 2 The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 30/08/2025 at 11:54:19