W.P.(C) 3670/2017

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IN THE HIGH COURT OF DELHI AT NEW DELHI

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Date of order: 22^nd September, 2022

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W.P.(C) 3670/2017 & CM APPL. 16145/2017 & CM APPL.

40425/2017

BUDHU (NOW DECEASED) THR LRS

..... Petitioners

Through:

Mr. R. B. Singh and Mr. Mohd

Hashim, Advocates

versus

NATHU (NOW DECEASED) THR LRS AND ORS

.....Respondents

Through:

Mr. Parvez Bashista, Advocate for

R-10, 11, 13 and 14

Mr. Sameer Vashisht, ASC, Civil,

GNCTD with Ms. Sanjana Nangia,

Advocate for R-15 (Through VC)

CORAM:

HON’BLE MR. JUSTICE CHANDRA DHARI SINGH

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:

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W.P.(C) 3670/2017

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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 11^th 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 7^th 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 8^th

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

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suit for ejectment under Section 84 of Delhi Land Reforms Act, 1954 in

respect of Khasra No. 18 (14-8) seeking inter-alia decree of ejectment of

Sh. Budhu s/o Sh. Sher Singh alleging that Budhu to be in occupation of

the land in question in Kharif 1957 without his consent, as he has been

declared as the Bhumidar in respect of the said land.

5. On 21^st January 1963 Suit under Section 84 of Delhi Land Reforms

Act, 1954 filed by Nathu against Budhu, was dismissed by the Ld.

Revenue Assistant on the ground that Nathu has no locus standi to file the

suit. Nathu filed an appeal before the learned Additional Collector, which

was allowed in favour of Nathu vide order dated 10^th January 1964. The

legal heirs of Budhu filed a revision petition bearing no.131/1964 under

section 187 of Delhi Land Reforms Act, 1954 before the learned Chief

Commissioner against the order dated 10^th January 1964 passed by the

Additional Collector. The said revision petition was allowed vide order

dated 17^th September 1965 and the order of the Additional Collector was

set aside and that of the Revenue Assistant restored.

6. On 26^th April 1973 the legal heirs of Sh. Nathu filed Civil Writ

Petition No.l-D/1966 against the order dated 17^th September 1965 of the

learned Chief Commissioner, allowing the revision petition. The civil

writ petition was allowed by a Co-ordinate bench of this Court vide order

dated 26^th April 1973, by which the order dated 17^th September 1969 of

the Chief Commissioner, Delhi was set aside and