The absence of a recorded ownership transfer does not negate administrative actions taken under land reform laws, affirming the primacy of documented ownership.

JUDGEMENT

JYOTI SINGH, J.

1. This writ petition is preferred on behalf of the Petitioner laying a challenge to order and decree dated 14.09.2001 passed by Respondent No. 2 in Case No. 151/RA/MT/2001 titled ‘Gaon Sabha Bhalswa Jahangirpur v. Sh. Shiv Charan Singhal s/o Sh. Hari Ram Singhal, r/o A-20, Nanda Road, Adarsh Nagar, Delhi’, alleging that the decree is non est and non-executable in the eyes of law.

2. Case of the Petitioner, as set up in the writ petition, is that Petitioner is the owner/Bhumidar in possession of all rights, title and interest in agricultural land bearing Khasra No. 171, min (1-4), Village Bhalsawa Jahangirpur, Delhi, ad-measuring 1 Bigha 4 Biswa (‘subject land’). It is averred that Smt. Anita Tyagi purchased the subject land through a registered Sale Deed dated 14.10.1997, executed in her favour by one Girish Chatwani, GPA holder of Sh. Shiv Charan Singhal, who was the owner of the subject land. Smt. Anita Tyagi executed an Agreement to Sell, Special Power of Attorney, General Power of Attorney, Possession Letter, Receipt and Will, all dated 12.05.2008, in favour of the Petitioner and since then he is in actual, physical and peaceful possession of the subject land.

3. It is averred that SDM/Revenue Assistant, Model Town erroneously passed an ex parte conditional order on 09.05.2001 in Case No. 151/RA/MT/2001 titled ‘Gaon Sabha Bhalswa Jahangirpur v. Sh. Shiv Charan Singhal s/o Sh. Hari Ram Singhal, r/o A-20, Nanda Road, Adarsh Nagar, Delhi in proceedings initiated under Section 81 of the Delhi Land Reforms Act, 1954 (1954 Act) against Shiv Charan Singhal, who at that time was not the owner/Bhumidar since Smt. Anita Tyagi had already become the owner and was in possession in 1997 under a duly executed and registered sale deed. The order was based on the report of Halka Patwari that the land was put to non-agricultural use in contravention of Section 81 of 1954 Act. Shiv Charan Singhal was directed to convert the land to agricultural use within three months, failing which land would vest in the Gaon Sabha and Shiv Charan Singhal shall be ejected. This was followed by another ex parte final order dated 04.09.2001, whereby subject land was vested in Gaon Sabha and Shiv Charan Singhal was ejected, as Shiv Charan Singhal did not appear to contest the proceedings, having sold away the land to Smt. Anita Tyagi.

4. It is averred that Petitioner was completely unaware of these proceedings and learnt of the same only when he was impleaded as a party being the owner/Bhumidar of the subject land in a suit for ejectment and damages filed by Sh. Bishan Singh under Section 84 of 1954 Act against Smt. Anita Tyagi for part portion of the land and immediately on learning of the vesting and ejectment order/decree, Petitioner approached this Court.

5. Mr. P.P. Malhotra, learned Senior Counsel for the Petitioner argued that the impugned ex parte order/decree dated 14.09.2001 was passed against a wrong person, namely, Shiv Charan Singhal, who was neither the registered owner nor in possession of the subject land at the relevant time and had no right, title or interest in the subject land. Shiv Charan Singhal had already executed a registered Sale Deed dated 14.10.1997 in favour of Smt. Anita Tyagi after obtaining NOC No. 6174 dated 24.09.1997 from the concerned Tehsildar. Smt. Anita Tyagi sold the said land to the Petitioner by means of several customary documents and Petitioner became the bonafide purchaser of the land upon payment of sale consideration and has been in uninterrupted physical possession of the subjec