IN THE HIGH COURT OF DELHI AT NEW DELHI
Mini Pushkarna, J.
Shri Uggarsain – Appellant
Versus
Govt. of N. C. T. of Delhi Through Its Chief Secretary & Anr. – Respondents
W.P.(C) 5484 of 2023
Decided On : 28-04-2023
Mutation Order - Land Dispute - The court directed the respondents to consider the complaint submitted by the petitioner to the Divisional Commissioner and grant the petitioner a hearing within 8 weeks.
Fact of the Case:
The petitioner filed a writ petition seeking directions to the respondents to take action on a complaint regarding a mutation order favoring a third person, ignoring previous orders.
Finding of the Court:
The court disposed of the writ petition with directions to the respondents to consider the complaint and grant the petitioner a hearing within 8 weeks.
Issues: Inaction on the part of the respondents in not taking any action on the complaint filed by the petitioner.
Ratio Decidendi: The authorities are duty bound to act upon the written complaint of the petitioner, and the petitioner should be granted a hearing during the consideration of the complaint.
Final Decision: The court directed the respondents to consider the complaint submitted by the petitioner and grant the petitioner a hearing within 8 weeks.
[Physical Hearing/Hybrid Hearing]
Mini Pushkarna, J. (Oral):
1. The present writ petition has been filed with prayer for directions to the respondents to take action on the complaint dated 07.11.2022 filed by the petitioner to the Divisional Commissioner, 5, Sham Nath Marg, Delhi-110054.
2. It is the contention on behalf of the petitioner that the petitioner is aggrieved by the Mutation order sanctioned by the Revenue Authority in favour of a third person, who has nothing to do with the land in question. It is submitted that when the petitioner came to know about the order of mutation passed by the Revenue Authority, the petitioner herein filed a written complaint dated 07.11.2022 before the respondents thereby bringing out the complete facts.
3. It is submitted that the order of mutation has been passed ignoring the previous orders passed by the learned Financial Commissioner i.e. order dated 11.11.1986 and 02.03.2017.
4. It is submitted that mutation order dated 27.03.2017 has been passed by the learned SDM. When the petitioner came to know about the same, a detailed complaint to the Divisional Commissioner, who is the custodian of the record, was filed.
5. It is submitted that by way of the present petition, the petitioner is concerned and is confining the relief only to the inaction on the part of the respondents in not taking any action on the complaint dated 07.11.2022 filed by the petitioner. It is submitted that the authorities are duty bound to act upon the written complaint of the petitioner.
6. Issue notice.
7. Notice is accepted by learned counsel appearing for the respondents.
8. Learned counsel submits that the complaint dated 07.11.2022, as submitted by the petitioner, shall be dealt with expeditiously.
9. In view of the aforesaid, the present writ petition is disposed of with directions to the respondents to consider the complaint dated 07.11.2022 submitted by the petitioner to the learned Divisional Commissioner, at the earliest and expeditiously, preferably within 8 weeks from today.
10. It is further directed that at the time of consideration of the complaint dated 07.11.2022 of the petitioner, the petitioner shall be granted hearing by the respondents.
11. With the aforesaid directions, the present writ petition is disposed of.
Authorities are duty bound to act upon written complaints, and petitioners should be granted a hearing during the consideration of their complaints.
Due process must be followed in mutation cases, ensuring all parties are afforded opportunities to be heard before a decision is made.
The main legal point established in the judgment is that the cancellation of a mutation must adhere to the principles of natural justice and statutory provisions, and the authority reviewing the muta....
The appropriate authority for effecting mutation of urbanized land is the Municipal Corporation of Delhi (MCD) or the Delhi Development Authority (DDA), under whose area the land in question would fa....
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