O R D E R

CHANDRA DHARI SINGH, J (Oral)

1. The instant petition under Articles 226/227 of the Constitution of India has been filed on behalf of the Petitioners seeking the following reliefs:

“(a) issue a writ for certiorari or any other appropriate writ, direction or order thereby calling for the records Revision Petition bearing No. 326/2015 (Old)/302/2016(New) titled as " Sh. Budhu (deceased) through LRs Vs. Sh. Nathu (deceased) through LRs & Ors." and quashing or setting aside the orders dated 21.10.2016 and Order dated

11.04.2017 passed by Ld. Financial Commissioner of Delhi; (b) issue a writ for mandamus or any other appropriate writ, direction or order thereby directing the Respondent No. 15 to rectify the records in respect of possession and tine Bhumidari right relating to Khasra No. 18 (14-8) in the revenue estate of Village-Nangli Razapur, New Delhi, thereby removing the entries in the name of the Respondents in the revenue record and the same to be substituted by legally, lawfully corrected recording the name of the Petitioners as Bhumidar in respect of the land in question and cause necessary rectification, correction or amendment in all revenue records in relation to the land in question;

(c) issue a writ for certiorari or any other appropriate writ, direction or order thereby quashing the impugned order dated 28.02.2011 passed by the Revenue Assistant in Case No. 84 of 86 (Old No. 87 of 58) titled as "Sh. Nathu Vs Sh. Budhu (deceased through LRs.) wrongly mentioned as Sh. Nathu Vs. Sh. Puran and order dated 14.09.2013 passed in Case No. 03/2011 and 02/2011 titled as "Sh. Budhu (deceased through LRs. Vs. Nathu (deceased through LRs)” apparently against the principles of natural justice containing an apparent error of judgment in appreciating the facts of the case as duly substantiated by evidence led on behalf of the Petitioners and further failing to follow the settled law of land;

(d) issue writ of prohibition or any other appropriate writ, direction or order thereby prohibiting the Respondent No. 15 or any of its subordinate officer, agents or assigns etc., from in any way dispossessing the petitioners from their legal and lawful use, occupation, possession and cultivation of land falling in Khasra No. 18 (14-8) situated in revenue estate of Village-Nangli Razapur, Delhi in execution of the impugned order dated 28.02.2011 till the final disposal of the matter before this Hon'ble Court;

(e) pass such other/s as this Hon'ble Court may deem fit, just and proper in the facts and circumstance of the case and in the interest of justice, equity and fair trial.”

FACTUAL MATRIX

2. The facts of the case necessary for deciding the instant writ petition are as follows:-

Sh. Budhu-predecessor-in-interest of the Petitioners herein, has been in continuous use and possession of the agricultural land in Khasra No. 18(14-8) alongwith Khasra No. 38min (5-17), 74min (5-5), 83min (4-l) admeasuring 29 Bigha 11 Biswa situated in the revenue estate of Village Nangli, Rajapur, New Delhi, since the year 1947-48 as a tenant by its original recorded owner Smt. Hardevi on batainisfi.

3. On 11th June 1958 Sh. Nathu (now Deceased) was declared Bhumidar of the subject land and Sh. Budhu (now deceased) being in unauthorized/illegal possession of the subject land. The Bhumidhari rights issued in favour of Nathu was initially challenged by the legal representatives of Shri Budhu by filing of a Civil Suit against Nathu, the predecessor in-interest of Respondents. The said Civil Suit was dismissed on merits vide order dated 7th May 1962 by the then Sub-Judge, Delhi. The said order was appealed by the legal representatives’ of Budhu vide a Regular Civil Appeal No.126/62. The said Appeal was also dismissed on merits by the Court of Additional District Judge vide order dated 8th November 1962. Thereafter, the said order was never challenged by the legal representatives of Budhu.

4. Sh. Nathu, the predecessor-in-interest of the Respondents, filed a suit for ej