Samiuddin v. Govt Of NCT Of Delhi & ORS

$~3 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 4444/2015 SAMIUDDIN ..... Petitioner Through Mr.Satish Kumar Tripathi, Adv.

versus GOVT OF NCT OF DELHI & ORS ..... Respondent Through Mr.Santosh K.Tripathi, ASC for R-1.

Mr.Ritesh Kumar and Ms.Aditi Chugh, Advs for R-2.

Mr.S.K.Rout with Mr.Aman Mehrotra, Advs for application in C.M.No.9584/2018.

Mr.Anis Ur Rehman, Adv for Applicant in C.M.No.1795/2016.

CORAM:

HON'BLE MS. JUSTICE REKHA PALLI

O R D E R

% 13.03.2018 C.M.No.1795/2016 This is an application filed on behalf of Mr.Suhail Ahmed, seeking impleadement in the present petition as he is disputing the title of the petitioner. However, without commenting on the aspect of the title of the petitioner, it is noticed that since a demarcation report has already been filed in the Court showing that the respondent no.2 has already carried out a demarcation on 06.01.2018 which was the main relief sought in the writ petition, the present application is not maintainable at this stage and same is accordingly dismissed as infructuous.

The application stands dismissed as infructuous. C.M.No.9584/2018 This is an application filed on behalf of Mr.Manish Saini under order 1/10 seeking impleadement on the ground that he is the owner of the adjoining property, which is Khasra no. 415/169 and vide this application, the applicant claims that he ought to have also been impleaded as a party respondent in the petition wherein demarcation of land adjoining his land has been sought.

After some arguments, learned counsel for the applicant submits that in view of the fact that the demarcation report has already been finalised and placed on record before this Court, he seeks liberty to withdraw the present application. It is also made clear that in case the applicant has any independent right to challenge the demarcation report, he will be free to do so, as per law. The application is dismissed as withdrawn.

W.P.(C) 4444/2015 Vide the present petition, the petitioner claiming to be owner in possession of a plot measuring 900 sqr. Yards in Khasra no.168/2 in the revenue state of village Okhla commonly known as Okhla Vihar Colony, Jamia Nagar, New Delhi, has approached this Court, seeking a direction to the respondent no.2 to complete the formalities of demarcation in respect of his plot.

The record shows that a demarcation report has already been filed showing that the respondent no.2 has carried out the requisite demarcation on 06.01.2018.

Accordingly, the present writ petition is disposed of with a

direction to the respondent no.2 to take all consequential steps pursuant to the demarcation report dated 06.01.2018 including „on the spot identification‟.

Needless to say that, in case, any party is aggrieved by any action of respondent no.2, it will be open to the said party to take legal recourse permissible under law.

The writ petition is disposed of in the above terms. REKHA PALLI, J MARCH 13, 2018 sr