Braham Singh And ORS v. The Deputy Commissioner, Sdmc And ANR

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IN THE HIGH COURT OF DELHI AT NEW DELHI

+ W.P.(C) 6853/2017 & CM APPL. 28521/2017 BRAHAM SINGH AND ORS ..... Petitioners Through :

Mr. R. D. Chauhan, Adv. with Mr. Arun K. Chauhan, Adv.

versus THE DEPUTY COMMISSIONER, SDMC AND ANR ..... Respondents Through :

Mr. Sanjeev Sabharwal, Standing Counsel for SDMC.

CORAM:

HON'BLE MR. JUSTICE A. K. CHAWLA

O R D E R

% 14.11.2017 Petitioner has approached this Court seeking issuance of writ of mandamus with the prayers, as follows:- "(i) Issue a writ in the nature of Mandamus or any other appropriate writ(s), order(s) or direction (s) thereby directing the respondents to trace out the original file pertaining to the property bearing No. WZ 248/2, situated at village Madipur, New Delhi.

(ii) Issue a writ in the nature of Mandamus or any other appropriate writ(s), order(s) or direction (s) thereby directing the respondents for making the necessary entries in respect of the property of the petitioners in their respective names in the appropriate records of the respondents."

In the petition there are vague assertions as regards the letters of administration having been issued in favour of the petitioner Nos. 1 and 2, but, what exactly the petitioners intend to achieve by getting the file traced, is difficult to discern from the pleadings in the petition.

Directions for tracing the file, when as per the communication dated 11.07.2017, which is placed on record as Annexure P-6, is to the effect that it cannot be traced out, are misconceived and do not invite further consideration. Petition is, therefore, disposed off accordingly. Liberty is, however, reserved to the petitioners to file a fresh petition with specific averments and the precise prayer, to which, the petitioners may be entitled under law.

A. K. CHAWLA, J NOVEMBER 14, 2017 SRwt