Abhey Raj Sharma v. Govt. Of NCT Of Delhi & ORS

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IN THE HIGH COURT OF DELHI AT NEW DELHI

+ W.P.(C) 3571/2016 & CM No.15315/2016 ABHEY RAJ SHARMA ..... Petitioner Through :

Mr. Dhruv Sharma, Adv.

versus GOVT. OF NCT OF DELHI & ORS ..... Respondents Through :

Mr. D. Rajeshwar Rao, Adv. for R-1 to 3.

CORAM:

HON'BLE MR. JUSTICE A.K. PATHAK

O R D E R

% 28.04.2016 Petitioner has prayed in this writ petition that the respondent no.2 be directed to decide the representation under section 74(4) of the Delhi Land Reforms Act, 1954 of the petitioner in a time bound manner. Petitioner has alleged that he was granted lease rights over the specific areas of the village Kanganheri, District South West, Delhi under the 20 point programme. Name of the petitioner figured in the resolution as contained in form LR-38. Upon payment of the lease money, petitioner was issued a certificate by the Gram Sabha under Rule 47 of the Act.

Petitioner was allotted a portion of the wasteland (banjar land) forming part of Khasra No.62/21 measuring 4 Bighas 16 Biswas in village Kanganheri, District South West, Delhi on 4th October, 1975 for the purpose of reclamation. Petitioner became a sub

tenure holder (asami) for the initial period of five years, from 1975 onwards. Petitioner cultivated the land and reclaimed the land. Cultivatory possession of petitioner was recorded in the form P-4 for the year 2005-2006. Petitioner filed representation under section 74(4) of the Act in the year 1983. However, file was lost, therefore, petitioner filed fresh representation in the year 1990. It is submitted that representation has not been decided till date and is still pending. Next date before the Revenue Assistant is fixed on 11th May, 2016.

Writ petition is disposed of with direction to the respondent no.2 to dispose of the representation of petitioner within a period of four months by a speaking order and communicate the same to petitioner. Miscellaneous application is disposed of as infructuous.

A.K. PATHAK, J.

APRIL 28, 2016/dk