Smt. Ganga Devi v. Union Of India And ORS.

$~10 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 3447/2018 SMT. GANGA DEVI ..... Petitioner Through:

Ms.Neha Garg, Adv.

versus UNION OF INDIA AND ORS.

..... Respondents Through:

Mr.Dev P. Bhardwaj, CGSC for UOI.

Mr.Varun Nischal, Adv. for R-2 & 3.

CORAM:

HON'BLE MS. JUSTICE REKHA PALLI

O R D E R

% 19.04.2018 Vide the present petition, the petitioner has sought a direction to respondent No.3 to carry out the correction in order dated 11.10.2013 as according to the petitioner, while she had sold only 100 sq. yards of land vide sale deed dated 29.08.2013, it was incorrectly recorded in second page of the aforesaid order that she had sold 200 sq. yards.

Learned counsel for the petitioner submits that the said mistake is apparently an inadvertent mistake since the same order records two different figures on two different pages. She submits that since the first page of the order, that is of the Patwari's report for mutation, correctly records the area which remained under the ownership of the petitioner, she had no occasion to challenge the said order at an earlier point of time. She further submits that the said mistake on the second

page of the order came to the notice of the petitioner only when the petitioner wanted to now sell the remaining portion of her land. On the last date, it had been put to counsel for the parties as to how the present petition would be maintainable in view of a specific remedy of an appeal under Section 64 of the Delhi Land Revenue Act. Today, learned counsel for the respondent submits that in case the petitioner files an appeal, the same would be considered on its own merit.

Learned counsel for the petitioner seeks leave to withdraw the present petition with liberty to approach the competent authority by filing an appropriate appeal.

In view of the apprehension expressed by the petitioner that an appeal under Section 64 of the Delhi Land Revenue Act may now be time-barred, liberty is granted to the petitioner to file an application seeking condonation of delay, before the Competent Authority. It is expected that the competent authority while dealing with the petitioner's application for condonation of delay, will take into consideration the facts as noted above in the order and dispose of the appeal in an expeditious manner.

The petition is dismissed as withdrawn with the aforesaid liberty.

REKHA PALLI, J APRIL 19, 2018 gm