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2009 Supreme(Del) 759

HIMA KOHLI
IN THE MATTER OF : MANGE RAM – Appellant
Versus
MADAN JHA, FIN. COMMR. – Respondent


Advocates appeared:
Mr. Rajendra Dutt, Advocate
Mr. V.K. Tandon, Advocate for R-1 & 2. None for R-3.

JUDGMENT :

HIMA KOHLI, J. (ORAL)

1. The present writ petition is filed by the petitioners praying inter alia for quashing the order dated 20.07.1989, passed by the Financial Commissioner, dismissing the revision petition preferred by the petitioners and respondent No. 3 collectively, whereunder, the order dated 18.05.1989 passed by the Additional Collector confirming the order of the learned SDM, Punjabi Bagh, which held that the transfer of the land, subject matter of consideration in the present writ petition, situated in the revenue estate of village Dhansa, by respondent No. 3 in favour of the petitioners was violative of the provisions of Section 33 of the Delhi Land Reforms Act, 1954 (hereinafter referred to as „the Act’).

2. In a nutshell, the facts of the case are that the respondent No. 3 (appellant No. 1 in the revision petition), was a Bhumidhar and in possession of land measuring 33 Bighas 12 Biswas situated within the revenue estate of village Dhansa, Delhi. He agreed to sell his entire holdings to his nephew, petitioner No.1 and his daughter, petitioner No.2. It is stated that prior to the respondent No. 3 applying to the competent authority under the Delhi Land (Restr








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