ORDER

% 24.07.2024 CM APPL. 41346/2024 ( Exemption )

1. Exemption is granted, subject to all just exceptions.

2. The Applicant shall file legible and clearer copies of exempted documents, compliant with practice rules, before the next date of hearing.

3. Accordingly, the application stands disposed of. W.P.(C) 10088/2024

4. Through the instant writ petition, the Petitioner is seeking appropriate directions to be issued to conduct an appropriate inquiry into the loss of Volume No. 962 of Additional Book No. III, in the Office of Sub-Registrar-

III, GNCTD at Asaf Ali road, which contains the Will dated 10th December, 19961 at pages 56-57.

1 “subject Will”

3. Counsel for the Petitioner submits that the record pertaining to the subject Will executed by the father of the Petitioner, Late Sh. Narayan Das, is not available in the records at the office of Respondent No. 4 – i.e., Sub-

Registrar-III (Central). It is submitted that a suit for partition bearing Civil Suit No. 14264 of 2015 had been filed by one of the Petitioner’s brothers seeking partition of properties owned by their father, Late Sh. Narayan Das.

As such, the existence of the subject Will is a pertinent fact and accordingly the Petitioner applied for a certified copy of the subject Will from the office of Respondent No. 4. However, the office of Respondent No. 4 informed the Petitioner that all records prior to 2001 was transferred to Respondent No. 5 – i.e., Department of Delhi Archives, GNCTD.

4. Thereafter, on being summoned as a witness in the Civil Suit by the Petitioner, the record clerk of Respondent No. 5 stated that the record was never transferred to Respondent No. 5 by the office of Respondent No. 4.

Accordingly, the Petitioner approached Respondent No. 4 again, who, through their response dated 1st April, 2024, informed the Petitioner that on scrutiny of record, it was found that Volume No. 962 was missing at the time of transferring documents to Respondent No. 5, for which an information report was also lodged at the concerned police station.

5. In view of the above, aggrieved by the dereliction of duties by the Respondents, the Petitioner has approached this court invoking the writ jurisdiction under Article 226 of the Constitution of India, 1950 seeking appropriate directions to be issued to the Respondents for conducting an inquiry into the loss of records and for the reconstruction of missing record.

6. Issue Notice. Mr. Santosh Kr. Tripathi, counsel accepts notice for Respondent No. 1. Let counter affidavit be filed within four weeks from today. Rejoinder, if any, be filed within two weeks thereafter. Issue notice to the remaining Respondents, upon filing of process fee, by all permissible modes, returnable before the next date of hearing.

7. In the meantime, the purpose of reconstruction of record, the Petitioner shall appear before Respondent No. 4 on 1st August, 2024 along with the original copy of the Will dated 10th December, 1996. After verifying the Petitioner’s documents, Respondent No. 4 will confirm whether or not the corresponding registration records are available with their office. If the same are found to be unavailable, Respondent No. 4 is directed to take immediate steps for the purpose of reconstruction of records in accordance with law.

8. List on 7 th October, 2024.

SANJEEV NARULA, J JULY 24, 2024/ab