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2023 Supreme(Del) 4219
IN THE HIGH COURT OF DELHI AT NEW DELHI
Mini Pushkarna, J.
Shri Karambir & Ors. – Appellants
Versus
Gaon Sabha Rangpuri & Anr. – Respondents
W.P.(C) 5208 of 2023 & CM APPL. 28060 of 2023
Decided On : 24-05-2023
Mr. N.S. Dalal with Mr. Alok Kumar and Ms. Rachana Dalal, Advocates, for the Petitioners.
Mr. Mohit Bhardwaj, Advocate, for the Respondent No.1.
Mr. Arun Panwar, Advocate with Mr. Pankaj Yadav, OSD (Litigation) and Mr. Surender, APO, for the Respondent/DOE.
Impleadment of necessary and proper parties, Abuse of process of law, Possession of disputed property, Ex-parte orders, Prima facie case
Headnote:
DOE - Impleadment in Writ Petition - Order 1 Rule 10, Section 151 CPC, F-16/Land/Rangpuri/AL-18(1)/2011/225, F No. BDO/SW/Allot/Rangpuri/12012/1168-1179, CS No. 16733/2016 - The court allowed the impleadment of the Directorate of Education (DOE) in the writ petition and vacated the ex-parte stay order. DOE was permitted to carry out construction, subject to the final adjudication of the petitioners' bhumidari rights.
Fact of the Case:
The Directorate of Education (DOE) sought impleadment in a writ petition, claiming possession of a disputed property and alleging abuse of process of law by the petitioners.
Finding of the Court:
The court allowed DOE's impleadment and vacated the ex-parte stay order, permitting construction by DOE but subject to the final adjudication of the petitioners' bhumidari rights.
Issues: Impleadment of DOE, Abuse of process of law, Possession of disputed property, Ex-parte stay order, Bhumidari rights of petitioners
Ratio Decidendi: The court found that DOE had been in possession of the disputed land since 2012 and allowed its impleadment. The court also noted the previous litigation where DOE was made a party and vacated the ex-parte stay order.
Final Decision: DOE was impleaded in the writ petition, the ex-parte stay order was vacated, and DOE was permitted to carry out construction, subject to the final adjudication of the petitioners' bhumidari rights.
JUDGMENT
[Physical Hearing/Hybrid Hearing]
Mini Pushkarna, J. (Oral)
1. With the consent of the parties, the present petition is taken up for final disposal today itself.
2. CM APPL. 27037/2023 has been filed on behalf of the Directorate of Education (DOE) under Order 1 Rule 10 read with Section 151 CPC seeking impleadment in the present writ petition, being a necessary and proper party.
3. Notice had been issued on the said application on 22.05.2023. With the consent of the parties, the present application is taken up for adjudication today itself.
4. CM APPL. 28060/2023 is an application on behalf of the Directorate of Education for vacation of the ex-parte interim order dated 25.04.2023.
5. Issue notice.
6. Notice is accepted by learned counsel appearing for the petitioners.
7. With the consent of the parties, the present application is also taken up for final hearing today itself.
8. By way of the aforesaid applications, it has been submitted on behalf of the DOE that the petitioners have no right, title and interest in the property bearing Khasra No. 662 (23-04) bearing Khatouni Number 503/72, Village Malikpur Kohi alias Rangpuri, Delhi. It is submitted that petitioners have never been in the physical possession of the said property, therefore, there is no question of dispossessing the petitioners from the said property.
9. It is further the case on behalf of the DOE that the land in question was earlier in possession of respondent no. 1 i.e. the Gaon Sabha. After following due procedure of law, the said property was allotted to the Directorate of Education vide orders no. F-16/Land/Rangpuri/AL-18(1)/2011/225 dated 19.09.2012 & F No. BDO/SW/Allot/Rangpuri/12012/1168-1179 dated 14.06.2012. It is submitted that after the allotment of the said land, possession of the property was handed over to the DOE on 26.09.2012.
10. It is further submitted on behalf of the DOE that the present petition filed on behalf of the petitioners, is an abuse of process of law. It is submitted that the petitioners have not approached this Court with clean hands and are guilty of suppressing relevant and material facts. It is submitted that the petitioners are guilty of misrepresenting the facts before this Court.
11. Learned counsel appearing for the DOE relies upon the judgment in the case of K. Jayaram and Others Vs Bangalore Development Authority and Others, (2022) 12 SCC 815. By referring to the said judgment, it is contended that wherever there is an abuse of process of law and there is concealment and suppression of material facts, the same would amount to playing fraud with the Court. Thus, if there is non-disclosure of full facts before this Court, then no indulgence can be given to such litigants.
12. It is the case on behalf of the DOE that the petitioners herein had filed a civil suit in the year 2013, titled as Jai Bhagwan & Others Vs. Gaon Sabha Rangpuri & Another, Case No. 25/RA/2013. In the said suit, the petitioners herein had sought declaration of bhumidari rights before the Court of Learned Sub Divisional Magistrate (SDM)/Revenue Assistant (RA), Vasant Vihar, Kapashera, New Delhi. The DOE was not made a party before the learned SDM/RA in the said proceedings. Subsequently, upon an application on behalf of DOE, the DOE was made a party in the said proceedings. It is submitted that the learned SDM/RA, Vasant Vihar, Kapashera, New Delhi dismissed the said suit of the petitioners for non-prosecution vide order dated 12.01.2023.
13. It is further submitted that the petitioners filed another suit for permanent injunction titled as Jai Bhagwan Vs. Govt of NCT of Delhi, CS No. 16733/2016 before the Court of ADJ, Dwarka Courts in the year 2016. It is submitted that petitioner no. 1 herein was plaintiff no. 5 in the said suit; petitioner no. 2 was plaintiff no. 8; petitioner no. 3 was plaintiff no. 49 and petitioner no. 4 herein was plaintiff no. 113 in the said suit.
14. It is submitted that since the petitioners had not made
