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High Court of DelhiCONT.CAS(C)/1420/2025

Badley & ORS. v. L.G. Of NCT Of Delhi & ORS.

2025-10-16Hon'Ble Mr. Justice Amit Sharma3 pages

$~8 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CONT.CAS(C) 1420/2025& CM APPL. 59473-74/2025 BADLEY & ORS.

.....Petitioners Through:

Mr. Mukesh Kumar Verma, Mr.

Shivam Verma, Advs. for petitioner no. 6 with Son of petitioner no. 1 versus L.G. OF NCT OF DELHI & ORS.

.....Respondents Through:

Ms. Avni Singh, Panel counsel for GNCTD.

CORAM:

HON'BLE MR. JUSTICE AMIT SHARMA

O R D E R

% 16.10.2025 1.

This hearing has been done through hybrid mode. 2.

The present petition under Sections 10 and 12 of the Contempt of Courts Act, 1971, seeks the following prayers: - "a. Pass appropriate order/take action against the respondents for willful and negligent defiance of dated 8.9.2010 passed by this Hon'ble Court in Writ Petition (C) No. 12331-37/2006 titled as Jai Pal Singh (D) Thr. LRs. V s. L.G. Of Delhi & Ors. and other similar orders dated 14.3.2023 by Hon'ble Supreme Court of India in Mohinder Singh (D) Thr. LRs. V s. Narain Singh, Civil Appeal No. (S) 3828 of 2017 and also order dated 4.1.2023 passed by this Hon'ble Court in writ petition (C) No. 10270/2015 Mahajan Industries Pvt. Ltd. Vs. Gaon Sabha Chhattarpur; b.

Pass order directing the respondents not to disturb the peaceful use and utilization of the property by the petitioners and not to fence the property and not create any kind of change of revenue record existing in the name of petitioners in respect of Khasra No. 628 (5 bigha, 10 biswa), Village Ghitroni, New Delhi and also not to create any such record in respect of the same in favour of The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

respondents by any means with respect to possession or ownership or transfer of any kind whatsoever and if they have changed the same be rectified accordingly;

c. Pass any other order or orders as this Hon'ble Court may deem fit and proper in the interest of justice in favour of petitioner." 3.

Vide order dated 08.09.2010 in W.P.(C) 12331-37/2006, learned Coordinate Bench of this Court had passed the following directions: - "8. This petition is therefore disposed of with a direction to the Revenue Assistant, Vasant Vihar, New Delhi to dispose of the application preferred by the petitioners under Section 74(4) of the DLR Act if not already disposed of within six months of 28th September, 2010 when the petitioners are directed to appear before the Revenue Assistant with a copy of this order. If the application under Section 74(4) has already been disposed of the copy of the order be delivered to the petitioners. Needless to state that the petitioner shall have remedies against the order of the Revenue Assistant. However, till the decision of the Revenue Assistant, the order of status quo granted in this petition shall continue and the petitioners shall be entitled to cultivate the land. However, if the Revenue Assistant holds in favour of the petitioners, the land will not be placed at the disposal of the Forest Department in terms of the Notification."

4.

As per the records of the present writ petition, the aforesaid application under Section 74(4) of the DLR Act was dismissed by the learned SDM vide order dated 27.04.2023. It is the case of the learned counsel for the petitioner that the aforesaid application could not have been adjudicated upon by the learned SDM in view of the fact that the village of the petitioner where the land was located has since been urbanised. It is pointed out that the aforesaid order has been challenged by the petitioner by way of W.P.(C) 15703/2025 which is pending adjudication before this Court. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

5.

Order dated 08.09.2010 had clearly noted that the directions enumerated therein were applicable till the disposal of the application under Section 74(4) of the DLR Act.

6.

Admittedly, the said application has been disposed of vide the aforesaid order dated 24.07.2023 which has been challenged by the petitioner by way of an appropriate writ petition.

7.

In view of the above, the present petition is not maintainable and the same is, therefore, dismissed and disposed of. 8.

Pending applications, if any, also stand disposed of. AMIT SHARMA, J OCTOBER 16, 2025/kr The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.