High Court of DelhiW.P.(C)/11201/2017

Shri Sri Prakash v. Union Of India And ORS.

2017-12-15Hon'Ble Ms. Justice Indermeet Kaur2 pages

$~38 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 11201/2017 & C.M. No.45775/2017 SHRI SRI PRAKASH ..... Petitioner Through Mr.Rajeshwar Kumar Sharma, Adv.

versus UNION OF INDIA AND ORS.

..... Respondents Through Mr.Roshan Lal Goel and Ms.Anju Gupta, Advs. for R-1/UOI.

Mr.Naushad Ahemd Khan, ASC with Ms.Deepshikha Goyal, Advs. for GNCTD.

CORAM:

HON'BLE MS. JUSTICE INDERMEET KAUR

O R D E R

% 15.12.2017 Petitioner is aggrieved by the fact that although the land had been allotted to him in the year 1984 and the petitioner being in possession since that date, there is now an undue interference by respondent no.5 in the peaceful possession of the land. Submission is that the proceedings before the Revenue Authority under Section 74(4) of the Delhi Land Reforms Act, 1954 are pending before the Competent Authority. These proceedings are pending since the year 2006. Petitioner has sought recording of his name in the revenue record/khasra girdawari of the respondent.

Submission being that petitioner has now learnt that in 2013 this land had been transferred to respondent no.5 who is interfering in the peaceful possession of the petitioner.

On advance notice, learned counsels for respondent nos.1,2, 3 and 4 have put in appearance. Learned counsel for respondent points out that proceedings under Section 74(4) of the Delhi Land Reforms Act are admittedly pending before the Revenue Assistant and the next date fixed before the Revenue Assistant is 08.01.2018. This position is admitted by the petitioner. Petitioner is seeking a stay of coercive steps qua his land. This Court is of the view that such an application may not be entertained by this Court but it is open to the petitioner to approach the Revenue Assistant and make an appropriate application in this regard who shall pass an appropriate order expeditiously on the aforenoted application. Needles to state that this application when filed will be decided before 18.01.2018.

Learned counsel for respondent nos.2 to 4 also assures this Court that the Revenue Assistant will decided the proceedings pending before him under Section 74(4) of the Delhi Land Reforms Act expeditiously and preferably within an outer limit of three months today.

Petition disposed of in the above terms.

INDERMEET KAUR, J DECEMBER 15, 2017 ndn