Sunil Gaur, J.

1. The order impugned in the above captioned two writ petitions is of 26th June, 2009 and since the parties in these two petitions are the same and the grounds of challenge to the impugned order are also identical, therefore with the consent of learned counsel for the parties, both these petitions were heard together and are being disposed of by this common order.

2. To avoid any confusion, it is made clear at the outset that the order of the Financial Commissioner, Delhi, impugned in W.P.(C) No. 1147/2010 arises out of Civil Revision No. 253/2007 relating to plot of land bearing Mustatil/Khasra No. 43, Killa No. 15 min, Khatauni Khata No. 264 admeasuring about 4 bighas 15 biswas in Village Jhatikra, Najafgarh, Delhi, which was purchased vide registered Sale Deed on 4th September, 1996 by the petitioner from Roop Chand s/o Munshi Ram, bhumidar of the aforesaid land.

3. Whereas W.P.(C) No. 1149/2010 pertains to order in Civil Revision No. 254/2007 in respect of plot of land bearing Mustatil/Khasra No, 43, Killa No. 6, Khatauni Khata No. 259/15 admeasuring about 4 bighas 16 biswas in Village Jhatikra, Najafgarh, Delhi, which was purchased by the petitioner from Neki Ram s/p Har Narain vide registered Sale Deed on 4th September, 1996.

4. To establish the title of the predecessor-in-interest of the petitioner in the subject land, petitioner relies upon order of 9th March, 1990 of the concerned SDM vide which aforesaid Roop Chand was declared as the Bhumidar of 4 bighas and 15 biswas of land as noted hereinabove and also on Gram Panchayat Certificate of 9th September, 1981 vide which 4 bighas and 16 biswas of afore-noted land was allotted to the above referred Neki Ram in the capacity of being a 'Asami' for a period of five years on yearly fee (lagan) of Rs. 20/- only.

5. It becomes evident from the order of 9th March, 1990 of the concerned SDM passed under Section 74 (4) of Delhi Land Reforms Act, 1954 that the allotment of the subject land by the Gram Panchayat to the predecessor-in-interest of the petitioner was under the Welfare Programme of the Government in order to encourage the reclamation of the waste land. Petitioner maintains that the predecessor-in-interest of the petitioner had made monetary investment in the subject land and with their hard work had converted the waste land allotted to them into cultivable land within the period of five years and therefore, vide aforesaid order of 9th March, 1990, bhumidari rights were conferred upon aforesaid Roop Chand predecessor-in-interest of the petitioner in respect of land measuring 4 bighas and 15 biswas in the Village in question.

6. Though it is stated in W.P.(C) No. 1149/2010 that Bhumidari rights were conferred upon Shri Neki Ram predecessor-in-interest of the petitioner in plot of land bearing Mustatil No. 43, Killa No. 6, Khatauni Khata No. 259/15 admeasuring about 4 bighas 16 biswas in Village Jhatikra, Najafgarh, Delhi, vide order of 9th March, 1990 (Annexure P-3) but from the order (Annexure P-3) it stands revealed that it pertains to Roop Chanel and not to Neki Ram. Meaning thereby, Bhumidari rights were never conferred upon Neki Ram. However, Revenue Record i.e. Khasra Girdawari of 1996-97 (Annexure P-7) discloses the name of the tenure holder of the land in Khasra No. 43/6 as that of Neki Ram and in the remarks column, it stands noted that this land stands sold to the petitioner in the year 1996.

7. To claim that the subject land stood mutated in the name of the petitioner, reliance is placed upon application seeking mutation of the aforesaid land and the revenue record, i.e., Khasra Girdawaries of the years 1997-98 to 2000-2001, Khatauni of the year 2003-2004 and the subsequent Khasra Girdawaries of the years 2004-2005 to 2008-2009. Petitioner also relies upon a certificate of 3rd March, 1997 issued by the concerned Tehsildar to certify t