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2015 Supreme(Del) 1355
IN THE HIGH COURT OF DELHI AT NEW DELHI
RAJIV SHAKDHER, J.
SHRI SANT RAM & ORS - Petitioners
Versus
THE SUB DIVISIONSAL MAGISTRATE - Respondent
W.P.(C) 3594/2015
Decided On : 14.07.2015
Advocate Appeared:
For the Petitioner: Mr R.D. Chauhan & Mr Arun K. Chauhan, Advs.
For the Respondents: Mr Shoaib Haider, Adv. for Mr Santosh Kumar Tripathi, Adv.
The court has the authority to direct the demarcation of land in accordance with the law.
Headnote:
Writ Petition - Land Demarcation - The court directed the respondent to demarcate the land in accordance with the law within three months.
Fact of the Case:
The petitioners claimed ownership of a parcel of land and requested the respondent to demarcate it. Despite sending a representation, no action was taken by the respondent.
Finding of the Court:
The court disposed of the writ petition with a direction to the respondent to demarcate the land in accordance with the law within three months.
Issues: Ownership of the land and failure of the respondent to take action on the representation.
Ratio Decidendi: The court's decision was based on the failure of the respondent to comply with the request for demarcation and the petitioners' claim of ownership.
Final Decision: The writ petition was disposed of with a direction to the respondent to demarcate the land within three months.
1. The only prayer made in the writ petition, is that, the respondent be directed to pass an appropriate order to demarcate the parcel of land situate in Khasra No. 1593/1181/2, located in the revenue estate of village Madipur. The petitioners claim ownership in the aforementioned land. It is the averment of the petitioners that the said land admeasures 1 bigha 11 biswas. Furthermore, the petitioners claim that a representation in that behalf was sent to the respondent on11.02.2015, despite which, no action has been taken by the respondent.
2. Notice in this writ petition was issued on 13.04.2015 by my predecessor who had asked the respondent to seek instructions in the matter. The matter was renotified for 19.05.2015.
3. On 19.05.2015, at the request of the learned counsel for the respondent, the matter was listed today for compliance. Respondent has neither complied nor filed a counter affidavit in the matter.
4. Accordingly, the writ petition is disposed of with a direction to the respondent to demarcate the aforementioned land in accordance with the law. Needless to say, the aforementioned exercise will be completed with due expedition, though not later than three months from today.
