High Court of DelhiW.P.(C)/3643/2015

Amarjeet Gupta And ORS. v. Raj Kumar And ORS.

2017-05-22Hon'Ble Mr. Justice A.K. Pathak3 pages

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IN THE HIGH COURT OF DELHI AT NEW DELHI

+ W.P.(C) 3643/2015 AMARJEET GUPTA AND ORS.

..... Petitioners Through :Mr. Himanshu Jawa and Mr. Pankaj Pehani, Advs.

versus RAJ KUMAR AND ORS.

..... Respondents Through : Ms. Jyoti Taneja, Adv. for GNCTD

CORAM:

HON'BLE MR. JUSTICE A.K. PATHAK

O R D E R

% 22.05.2017 Petitioners have claimed in the writ petition that petitioner no. 1 was the owner of the land situated in Khasra No. 63. He applied for issuance of a Lal Dora Certificate to the Revenue Department. Pursuant to the application of petitioner no. 1, Lal Dora Certificate was issued by the respondent no. 1, that is, Tehsildar on 17th October, 2014, wherein Khasra number was wrongly recorded as "96/90", Village Holambi Khurd; instead of "Khasra No. 63". Petitioner no. 1 sold the land to petitioner nos. 2 and 3, vide Sale Deed dated 18th October, 2014. In the Sale Deed also, error in Khasra number crept in, in view of the fact that wrong Khasra number was

mentioned in Lal Dora Certificate. It is prayed that respondents be directed to correct the Khasra number in the Lal Dora Certificate as well as in the Sale Deed.

Sub-Registrar has not been made a party to the present proceedings. Sale Deed was registered before the Sub-Registrar - VI-B, New Delhi/Delhi.

During the course of hearing, learned counsel for the petitioners submits that appropriate steps would be taken for rectification of the Sale Deed, in accordance with law, after the correction is made in Lal Dora Certificate by the respondent no. 1. Accordingly, prayer for correction in the Sale Deed has not been pressed in this writ petition. As regards correction in the Lal Dora Certificate is concerned, respondent nos. 1 and 3, in their respective counter affidavits, have admitted that due to inadvertent error, Khasra number was mentioned as "96/90" instead of "Khasra no. 63". It has been further stated in the counter affidavit that as per record, correct Khasra number of Old Lal Dora/Abadi Deh of Village Holambi Khurd is "63".

For the foregoing reasons, respondent no. 1 is directed to make the necessary corrections of Khasra number in Lal Dora Certificate, expeditiously and preferably within four weeks.

Writ petition is disposed of in the above terms. A.K. PATHAK, J.

MAY 22, 2017 rb