J U D G M E N T

1. The Petitioner invokes the extra-ordinary jurisdiction of this Court by instituting the present writ petition under Article 226 of the Constitution of India, and seeking the following reliefs:

“(i) CERTIORARI for quashing Order dated 04.03.2021(Annexure P/1 at page No. 39), passed by Director (LSB)-I, DDA whereby petitioner's representation against letter dated 23.10.2017 has been rejected.

(ii) CERTIORARI for quashing letter dated 23.10.2017 (Annexure P/2 at page No. 43) bearing No.F6A (19) 651LSB (I)I4207, issued by Assistant Director LSB (I) of Respondent I DDA cancelling/Revoking Mutation carried out earlier in favour of Petitioner, his sister Smt. Sneh Avlash and Legal Heirs of Deceased Sister Smt. Raksha Arora in respect of Plot No. B-87, Mayapuri Industrial Area, Phase-I, New Delhi.

(iii) MANDAMUS directing, commanding and requiring the Respondent 1 DDA for restoring mutation dated 29.12.2008 in favour of Petitioner, his sister Smt. Sneh Avlash and Legal Heirs of Deceased Sister Smt. Raksha Arora in respect of Plot No.B-87, Mayapuri Industrial Area, Phase-I, New Delhi as per Preliminary Decree dated 8.2.1996 and Final Decree dated 27.4.2006 passed by this Hon'ble Court in Suit bearing CS (OS) No. 687 of 1993.”

FACTUAL BACKGROUND:

2. Before probing into the facts leading to the filing of the present petition, it is necessary to first establish the genealogy of the parties involved. Sh. Ram Parkash Arora (now deceased), who is central to the case at hand, got married to Smt. Phoolvati @ Janak Dulari. From the wedlock, two sons and two daughters namely, Sh. Kanwal Kishore Manchanda (petitioner herein), Shri Chand Kiran, Smt. Sneh Avlash/Sneh Prabha and Smt. Raksha Arora, were born to the couple. Unfortunately, Shri Chand Kiran predeceased Sh. Ram Parkash Arora on 03.01.1974, leaving behind his wife Smt. Kiran Arora, a son namely Sh. Gagan Khanna (Respondent No.2 herein at whose instance the DDA has proceeded to pass the impugned directions) and a daughter namely Smt. Monica Arora/Monica Hurt. Smt. Raksha Arora married and then got divorced from her husband Shri Prem Kumar. Thereafter, Smt. Raksha Arora (now deceased) and her daughter Ms. Smita Arora started residing with and being maintained by her father i.e., Shri Ram Parkash. Thus, the petitioner herein is the son of late Sh. Ram Parkash, brother of Sh. Chand Kiran and the paternal uncle of Respondent No.2.

3. It is the case of the petitioner herein that the property bearing Plot No. B-87, Mayapuri Industrial Area, Phase-1, New Delhi (hereinafter, “subject property”) was originally allotted by the Respondent No.1/DDA to M/s Ram Parkash Kanwal Kishore, a “proprietorship firm” through its sole proprietor i.e., Sh. Ram Parkash Arora (father of the petitioner herein) vide registered perpetual lease deed 25.09.1967. However, this averment has been challenged by the Respondent No.2 (grandson of Sh. Ram Parkash and nephew of petitioner herein) who has contended that the constitution of the said firm was changed to that of a partnership w.e.f. 01.04.1964 under a Deed of Partition dated 01.04.1964, consisting of three partners namely, Sh. Ram Parkash Arora (father of petitioner and grandfather of respondent no.2), Sh. Kanwal Kishore (petitioner herein) and Sh. Chand Kiran (father of Respondent No.2). Per contra, it is strongly urged by the Respondent No.2, while relying upon some documents placed on the record including but not limited to Deed of Partnership dated 01.04.1971, that the allotment letter dated 02.09.1966 of the subject property was issued by Respondent No.1/DDA in favour of the “partnership firm” and the same was signed by Sh. Ram Parkash Arora in his capacity of partner in the said partnership firm. Thus, it is contended that the subject property is an asset of the partnership firm M/s Ram Parkash Kanwal Kishore of which the father of the respondent No.2 was a partner.

4. Fuelling the controversy even further, the Respondent No.1/DDA in its initial cou