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MINI PUSHKARNA
MANIKANT SHARMA – Appellant
Versus
STATE NCT OF DELHI – Respondent
JUDGMENT :
MINI PUSHKARNA, J.
1. The present petition has been filed by the petitioner being aggrieved by the inaction of the respondents in failing to decide the application of the petitioner filed under Section 26 of the Delhi Land Revenue Act, 1954 read with Rule 173 of the Delhi Land Revenue Rules, 1962.
2. It is submitted that the petitioner is the owner of the property admeasuring 16 Biswas bearing Khasra No. 454, Village - Fatehpur Beri, New Delhi. The petitioner has been in quiet enjoyment and peaceful possession of his property since 1980’s and was declared bhumidar under Section 85 of the Delhi Land Reforms Act, 1954 vide order dated 22.12.1997 passed by the respondent No. 2. The order passed by the respondent No. 2 under Section 85 of the Delhi Land Reforms Act, 1954 is attached as annexure P-1 along with the present writ petition.
3. It is submitted that sometime in February 2022, when the petitioner was desirous of alienating his land, enquiries were conducted on his end into the revenue records. It is at this stage that the petitioner came to know that despite having been declared bhumidar of the subject land vide order dated 22.12.1997, mutation entries and possessory ri
The court emphasized the importance of adjudicating upon the petitioner's application for correction of revenue entries and granted the petitioner liberty to seek mutation of the land.
The legal proceedings under the DLR Act would not be maintainable in an urbanised area, and the petitioner was granted liberty to approach a Civil Court for the declaration of bhumidari rights.
The legal principle established is the need for a time-bound resolution of proceedings under the Delhi Land Reforms Act to prevent infringement of legal rights.
The main legal point established in the judgment is the application of the Delhi Land Reforms Act, 1954, and the interpretation of its provisions regarding bhumidari rights, res judicata, and the lim....
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