Full Judgment Text
Neutral Citation Number: 2023:DHC:1914
$~7
* IN THE HIGH COURT OF DELHI AT NEW DELHI
th
% Decided on: 16 March,2023
+ W.P.(C) 14851/2022
JAGVIR SINGH RANA ..... Petitioner
Through: Mr. Lohit Ganguly with
Mr. Ajay Kumar and Mr. Mohit
Khatri, Advocates.
versus
SDM/RA (MODEL TOWN) DELHI & ORS...... Respondents
Through: Mr. Amandeep Joshi, Advocate
for respondent no. 1 and
2/GNCTD.
(M): 9818065100
Email: amandeepjoshi.adv@gmail.com
CORAM:
HON'BLE MS. JUSTICE MINI PUSHKARNA
[ Physical Hearing/ Hybrid Hearing]
MINI PUSHKARNA, J. (ORAL):
1. The present writ petition has been filed with prayer for
directions to respondent no. 1 Sub Divisional Magistrate
(SDM)/Revenue Assistant (RA) (Model Town), Delhi to decide and
pass final order and judgment in case no. 1554/RA/ALP/2018 titled as
Jagbir Singh Rana & Ors. Vs. Devender Kumar & Anr. , under
Section 23 of Delhi Land Revenue Act, 1954 (DLR Act).
2. It is the case on behalf of the petitioner that during the
consolidation proceedings, in lieu of agricultural lands owned by his
father, the father of the petitioner was allotted agricultural lands
elsewhere falling under Khasra Nos. 95/11 min (3-11), 12(4-0),
13/1(0-18), 19//20/1 (5-10), 30(0-14), 94/15/2 (0-2), situated within
Signature Not Verified
Digitally Signed By:PURAN
SINGH TARIYAL
Signing Date:17.03.2023
10:07:04
W.P.(C) 14851/2022 Page 1 of 3
Neutral Citation Number: 2023:DHC:1914
the revenue estate of Village Alipur, Delhi. The father of the petitioner
was also allotted two residential plots falling under Khasra No. 272(1-
16), 273 min (1-0) situated within the revenue estate of Village
Alipur, Delhi.
3. It is submitted that since the date of allotment and till his
demise, the father of petitioner and thereafter his LR’s have remained
in possession of the said land and have never sold the lands.
4. It is submitted that father of the petitioner expired on
03.04.2012. After his demise all his movable and immovable assets
and property devolved upon his LR’s i.e. the petitioner, his widow, his
two brothers and three married sisters.
5. Subsequently, reference under Section 23 of the Delhi Land
Revenue Act, 1954 for mutation of names of the LRs of deceased
father of the petitioner came to be sent by the Tehsildar to the Court of
Learned SDM/RA, Alipur, Delhi, out of which the instant petition
emanates.
6. It is submitted that notices in the said case were issued to the
petitioner and to two of his brothers as well respondent no. 3.
However, despite pendency of the said case since a long time, the said
reference under Section 23 of the DLR Act has not come to be
decided.
7. Learned counsel appearing on behalf of the respondents submits
that the said application under Section 23 of the DLR Act is being
considered by the concerned SDM and that the matter is now listed
before the said authority on 11.04.2023. He, thus, submits that the
matter will be heard on the next date fixed before the said authority
Signature Not Verified
Digitally Signed By:PURAN
SINGH TARIYAL
Signing Date:17.03.2023
10:07:04
W.P.(C) 14851/2022 Page 2 of 3
Neutral Citation Number: 2023:DHC:1914
and the matter shall be decided expeditiously.
8. In view thereof, it is directed that the matter shall be heard by
the learned SDM/RA, Model Town on 11.04.2023, when the matter is
stated to be next listed before the said authority.
9. Further, it is directed that the case no. 1554/RA/ALP/2018 titled
as Jagbir Singh Rana & Ors. Vs. Devender Kumar & Anr. , under
Section 23 of Delhi Land Revenue Act, 1954 shall be decided by the
said authority expeditiously on or before 31.05.2023.
10. With the aforesaid observations, the present writ petition is
disposed of.
MINI PUSHKARNA, J
th
MARCH 16 , 2023
c
Signature Not Verified
Digitally Signed By:PURAN
SINGH TARIYAL
Signing Date:17.03.2023
10:07:04
W.P.(C) 14851/2022 Page 3 of 3