The jurisdiction of Revenue Courts is ousted upon urbanization of the area, as per the Delhi Land Reforms Act, 1954.

JUDGMENT

[Physical Hearing/Hybrid Hearing]

Mini Pushkarna, J. (Oral)--The present writ petition has been filed challenging the order dated 29.07.2022 passed by the Ld. Financial Commissioner in REV. PET. No.207/2021. By way of the impugned order, Ld. Financial Commissioner has set aside the consent order dated 30.11.2021 passed by the Revenue Assistant, Civil Lines, Delhi.

2. It is the contention on behalf of the petitioners that the Court of Financial Commissioner did not have any jurisdiction to pass the impugned order, as the said revision petition was not maintainable before the learned Financial Commissioner. It is submitted that against the order of the Revenue Assistant, an appeal is to be filed before the Deputy Commissioner in terms of Entry 11 of Schedule I of the Delhi Land Reforms Act, 1954 (hereinafter referred to as DLR Act, 1954). Ld. Counsel for petitioner submits that after the first appeal, second appeal can be filed before the Chief Commissioner, who is the Financial Commissioner in Delhi. Thus, he submits that a revision petition having been filed directly against the order of the Revenue Assistant dated 30.11.2021 before the Financial Commissioner, without filing any appeal before the Deputy Commissioner was improper. Order dated 29.07.2022 passed by the Financial Commissioner is without any jurisdiction.

3. On the other hand, learned counsel appearing for respondent No.2 has drawn the attention of this Court to the counter affidavit filed on their behalf. In the counter affidavit filed on behalf of the respondent No.2, it is categorically stated that the area in question i.e. Village Salempur Majra, Burari, Delhi has already been urbanized vide a notification dated 16.05.2017. Thus, she submits that after the urbanization of the village in question, the jurisdiction of the Revenue Courts is ousted.

4. Learned counsel appearing for respondent No.1 has also opposed the present writ petition. He submits that the order passed by the Revenue Assistant, itself was without any jurisdiction, as the urbanization of the area in question had already taken place.

5. This Court has heard the learned counsels for the parties and has also perused the record.

6. The petitioner No.1 herein had filed a petition on 28.11.2018 before the Revenue Assistant for partition of land by invoking Section 55 and 56 of DLR Act, 1954 against petitioner No.2 and respondent No.1. All the parties duly participated in the proceedings before the learned Revenue Assistant and also submitted drawing for proposed partition of land belonging to the parties. Subsequently, by order dated 30.11.2021, the Revenue Assistant granted decree of partition in favour of the parties.

7. In terms of the order dated 30.11.2021, the Revenue Authorities have carried out the directions of the Revenue Assistant by which mutation proceedings were done. Accordingly, Khatauni was prepared. The petitioners are in possession of the same in terms of the partition deed and the revenue records since then.

8. Respondent No.1, being aggrieved by the order dated 30.11.2021, filed a revision petition before the Financial Commissioner under Section 187 of the DLR Act, being Revision Petition No.201/2021.

9. By the impugned order dated 29.07.2022, the Ld. Financial Commissioner allowed the revision petition. Hence, the present writ petition has been filed.

10. By the impugned order dated 29.07.2022, the learned Financial Commissioner has categorically held that the order passed by the Revenue Assistant was without any jurisdiction, since the area in question had already been urbanized. Thus, the learned Financial Commissioner clearly held that since the petitioners herein were claiming partition of the land, it is only the Civil Courts that would have the jurisdiction in that regard.

11. The objection of the petitioners with respect to the legality of filing revision petition before Financial Commissioner directly against the order of the Revenue Assistant, is right.