High Court of DelhiW.P.(C)/5076/2018

Taponidhi Shri Panchayati Anand Akhada And ANR. v. Union Of India And ORS.

2018-05-15Hon'Ble Mr. Justice Rajiv Shakdher2 pages

$~32 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 5076/2018 TAPONIDHI SHRI PANCHAYATI ANAND AKHADA AND ANR. ..... Petitioners Through Mr. Rajeev Lochan, Adv.

versus UNION OF INDIA AND ORS.

..... Respondents Through Mr. Rajesh Gogna, CGSSC for UOI/R-1 & R-3.

Mr. Jagdeep Kumar Sharma, Adv for NDMC/R-2.

CORAM:

HON'BLE MR. JUSTICE RAJIV SHAKDHER

O R D E R

% 15.05.2018 C.M. Appl. No.19635/2018 Allowed, subject to just exceptions.

W.P.(C) 5076/2018 Issue notice.

2.1 Mr. Gogna accepts notice on behalf of respondents No. 1 & 3. Likewise, Mr. Jagdeep Kumar accepts notice on behalf of Respondent No. 2.

For the moment, no notice need be issued to the other respondents. The reason for the same is that the petitioners claim right over a land stated to be situate at Malcha Marg, 22 Sardar Patel Marg, New Delhi, in Khasra No. 419. The petitioners claim that the W.P.(C) 5076/2018

subject property was donated by the villagers to their predecessors-ininterest around 350 years ago. The petitioners claim that a Shiva temple has been built on the subject property. The petitioners' principal grievance, at the moment, is that though they were assured by the L & DO that the subject property would be inspected, there has been no movement in the matter. For this purpose, my attention has been drawn to a communication dated 23.01.2018, issued by the Dy. L & D Officer to, one, Mr. Rana Dhiraj Singh, who, according to the counsel for the petitioners, is a devotee of the aforementioned temple. In these circumstances, the writ petition is disposed of with the direction to respondent No.3/L & DO to enquire into the matter. For this purpose, respondent No.

3/L & DO will issue notice to all persons concerned, including those who are likely to be affected by the result of his enquiry. Respondent No.3/L & DO will conclude the enquiry at the earliest. Respondent No.3/L & DO after concluding the enquiry, will communicate the result to the petitioners. Resultantly, pending application shall stand closed. RAJIV SHAKDHER, J MAY 15, 2018 W.P.