JUDGMENT :

V. Kameswar Rao, J.

CM No. 32930/2021

1. By this order, I shall decide this application filed by one Rajneesh Malik, S/o Late Sh. K.C. Malik, aged about 60 years, R/o B-56, Inderpuri, New Delhi with the following prayers:-

“In the circumstances stated above, it is therefore prayed that:-

a. That the present application/objections along with its annexures be placed for consideration by the Hon'ble Court/Learned Registrar on 21.09.2021.

b. The security as directed to be released may kindly not be released before disposal of my submissions made in terms of Annexure - A email dated 18.09.2021.”

2. The instant application has been filed annexing therewith a communication sent by this Court on the administrative side on September 18, 2021 to the petitioner, in response to an e-mail sent by him to the Hon’ble Chief Justice of India and Hon’ble Chief Justice of this Court dated September 15, 2021 which is reproduced as under. In response to the said email, the applicant was directed to seek a remedy on the judicial side.

“15-09-2021

To

The Hon'ble Chief Justice of India (Supreme Court of India)

The Hon'ble Chief Justice of Delhi (High Court of Delhi)

New Delhi

Respected Sirs,

1 Rajneesh Malik age 60 years state that anomaly, violation of laws is done in appeal filed by Hindustan Petroleum Corporation Ltd. vs Mohanjit Singh thr legal heirs in RFA 20/2015 and in application No. 4605/2020.

Thus resulted a setback to justice, wrongful gain to private parties and wrongful loss to govt.

This is regarding a land on which Mohanjit Singh in partnership established a firm and dealership of retail outlet in year 1964. With passage of time the Mohanjit Singh and his partners retired till 1977. Than a new person in 1977 took over the firm, assets and dealership and than in 1986 the same firm become partnership and in 2006 the same firm with assets become proprietorship of my brother for running the dealership.

Tho Mohanjit Singh executed partnership deeds along with other partners by transferring a land as his share to newly constituted partnership firm in 1964. The land which he purchased through sale deed of 1964 with address or land khasra No. 113/1, 113/2 village Tajpul, New Delhi. After transferring the land to partnership firm for establishing dealership he secretly, individually executed a fabricated lease deed with the than ESSO petroleum company by mentioning factitious address of road address of mile 11/1 Mathura Road, New Delhi for retail outlet without the knowledge of partnership firm. In the year 2000 (new number CS 40/2006) Mohanjit Singh filed a suit of eviction and claiming rent from HPCL. It is important to mention that above khasras belong to gaon sabha and public road recorded in Aks Shizra-of year 1953-54(it is notified layout plan of the area),Girdawari, KhatunI records of Revenue Department of Delhi Govt. Further the parties in the case concealed the case till the year 2012 from the dealership firm. HPCL disclosed litigation pendency of case in 2012 to my brother.

Earlier in above mentioned case in the year 2004 the HPCL filed an affidavit in which HPCL discloses to the courts that the land of dealership is not on the same land as mentioned in lease deed but it is GAON SABHA LAND (PUBLIC LAND) and address of land is khasra No, 113/3, village Tajpul, New Delhi and Mohanjit Singh is not the owner of the land and HPCL filed the orders of SDM of the year 1981 and 2001. (HPCL affidavit Annexed).

It is pertinent to mention that LRs of Mohanjit Singh parallel to various court proceedings secretly filed an appeal before District Magistrate South East, Old Gargi College Building, Lajpat Nagar, New Delhi to claim the ownership of the khasra No. 113/3 village Tajpul, New Delhi of which they have no title deed, sale deed, further the LRs concealed these proceedings from all courts till date. HPCL has also prepared a title search report which confirms the land of retail outlet is of gaon sabha and not of Mohanjit Singh or his LRs. (Copy of HPCL