J U D G M E N T

TUSHAR RAO GEDELA, J. (ORAL)

[ The proceeding has been conducted through Hybrid mode ]

1. This is a writ petition under Article 226 of the Constitution of India, 1950, inter alia, seeking the following reliefs :-

“a) call the record of proceedings conducted by the respondents no.2 and 3 and examine the legality and impartiality of the same; b) pass a writ of mandamus, certiorari and prohibition or any other writ, order or direction thereby quashing/setting-aside the impugned notice/orders i.e. (i) Notice bearing F.No.3058/

CO/AP/2019/23053-57 dated 05.08.2020, (ii) Eviction Notice bearing No.3086_06.02.2019/CO/AP/l2020/22475 dated 20.08.2020 and (iii) Handing over of possession notice bearing No.3085/CO/AP/06.02.2079/2020/22530 dated 22.08.2020 issued by the respondents no.2 and 3 in respect of land measuring 900 sq.yds. comprising in Old Khasra No.14/8 and New Khasra No.53/25 and 53/26 at Village Nangli Poona, Delhi belonging to the petitioners, in the interest of justice.”

2. Mr. Rana, learned counsel appearing for the petitioner submits that the petitioner claims to be the purchaser of the subject land from the erstwhile owner by virtue of traditional documents executed in the year 1989 and had, consequent thereto, constructed factory premises on such land. In the meanwhile, the consolidation proceedings for the subject land of Village Nangli Poona had commenced in the year 1989 and concluded in the year 1999. On the conclusion of such consolidation proceedings, the respondent no.4 claims to have been allotted the subject land.

3. The petitioner being aggrieved of such allotment post consolidation, had filed an appeal/objections before the Revenue Assistant. By virtue of the order dated 13.03.2008, the appeal filed by petitioners was allowed by the Revenue Assistant. The said order was challenged by the respondent no.4 before the Financial Commissioner by virtue of a Revision Petition. The said Revision Petition was allowed by the Financial Commissioner vide the order dated 28.04.2009.

4. The petitioner being aggrieved of the said order passed by the Financial Commissioner, has challenged the same by writ petition bearing W.P.(C) 9320/2009. By virtue of the order dated 27.05.2009, this Court had set aside the order of the Financial Commissioner and remitted the matter back to the Revenue Assistant for reconsideration of petition under Section 85 of Delhi Land Reforms Act, 1954 (hereinafter referred to as “DLR Act, 1954”) filed by the petitioner.

5. The said petition under section 85 of DLR Act, 1954 filed by the petitioner was dismissed by the Revenue Assistant on 01.02.2019 on the ground that the revenue authority did not have any jurisdiction as the subject land falls within the Extended Lal Dora of the village during the consolidation proceedings. Since the revenue authority ceased to have jurisdiction, the petitioner was constrained to file a civil suit seeking declaration of title and permanent injunction before the Civil Court, District Courts, Rohini, Delhi, which is still pending. The private respondent herein is also impleaded as one of the defendants therein.

6. In the meanwhile, by virtue of notice dated 05.08.2020 issued by the Revenue Assistant, the SDM/Revenue Assistant had alleged that the petitioner was found to have encroached about 327 Sq. Yds. in Khasra no. 26/1, 402 Sq. Yds. in Khasra No.26/2 and 55 Sq. Yds. at Phirni Road let without any right or title over the same inasmuch as it was informed that some other persons were allotted such plots of land.

7. To the said notice, the petitioner had given his reply on 11.08.2020 wherein the petitioner had specifically referred to order dated 01.02.2019 passed by the then Revenue Assistant stating that the petition under section 85 of the DLR Act, 1954 would not be maintainable on the ground that the said land had fallen within the Extended Lal Dora and the provisions of DLR Act, 1954 would cease to apply thereto.

8. Despite such stand and ground taken by