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High Court of DelhiW.P.(C)/10459/2017

Mustafa v. Govt. Of NCT Delhi And ORS.

2017-11-24Hon'Ble Ms. Justice Indermeet Kaur2 pages

$~46 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 10459/2017 MUSTAFA ..... Petitioner Through Mr.Arun Kaushal, Adv.

versus GOVT. OF NCT DELHI AND ORS.

..... Respondents Through Mr.D.Rajeshwar Rao and Mr.Abhinav Srivastava, Advocates.

CORAM:

HON'BLE MS. JUSTICE INDERMEET KAUR

O R D E R

% 24.11.2017 C.M. No.42724/2017 (exemption) Exemption is allowed subject to just exceptions. Application disposed of.

W.P.(C) 10459/2017 Petitioner is aggrieved by the order dated 05.9.2017 passed by the District Magistrate/Deputy Commissioner vide which his application seeking a review of the order dated 30.6.2017 passed by the Revenue Assistant had been dismissed; respondent no.2 was of the view that no power of review lies with respondent no.2. Learned counsel for petition points out that this is an illegal order as what the petitioner had actually sought for from respondent no.2 was only that the matter be placed before any other Revenue

Assistant as that particular Revenue Assistant was on leave. He had not sought a review of the order passed by the Revenue Assistant before respondent no.2.

Be that as it may, this Court is of the view that under Section 64 of the Delhi Land Revenue Act, 1954 the order passed by the Deputy Commissioner/District Magistrate is appealable before the Financial Commissioner.

Petitioner at this stage seeks permission of this Court to withdraw this petitioner with liberty to approach the appropriate forum in accordance with law.

Permission granted. Petition dismissed as withdrawn with the aforedsaid liberty.

Order dasti under signatures of the Court Master. INDERMEET KAUR, J NOVEMBER 24, 2017 ndn