Rajender Singh & ORS v. Sub Divisional Magistrate / Ra, (North) & ANR

$~40 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 10134/2016 & C.M. No.40156/2016 RAJENDER SINGH & ORS ..... Petitioners Through Mr. Vipin K. Singh, Adv.

versus SUB DIVISIONAL MAGISTRATE / RA, (NORTH) & ANR ..... Respondents Through Mr. Sumit K. Batra and Mr. K.

Chaudhary, Advs.

CORAM:

HON'BLE MS. JUSTICE INDERMEET KAUR

O R D E R

% 26.10.2016 The petitioners before this Court are Rajender Singh and others. They are the children of late Sukhan. Learned counsel for the petitioners submits that on 21.09.2012, the Additional Collector had while dealing with the order passed by the Revenue Assistant dated 03.09.1996 had allowed the appeal of the Gram Sabha and had directed the parties to appear before the Revenue Assistant. The appeal was consigned to the Record Room. Learned counsel for the petitioners submits that although technically proceedings are pending before the Revenue Assistant (in terms of the order dated 21.09.2012) yet there is no date which has been given by the Revenue Assistant. His submission is that inspite of pendency of these proceedings, he was threatened to be dispossessed by the Gram Sabha which was in April, 2016. This Court notes that more than 8 months have passed since the alleged threat of dispossession. This Court also notes that

even as per the admission of the petitioners, proceedings are pending before the Revenue Assistant. The prayer made in the present petition is that they should not be dispossessed from the cultivatory possession will be the aspect which will be considered by the Revenue Assistant and permission is accordingly granted to the petitioners to move an appropriate application before the Revenue Assistant in this regard. Petition disposed of.

INDERMEET KAUR, J OCTOBER 26, 2016