SUKHBIR SINGH KEMWAL Vs. GNCT OF DELHI

JUDGEMENT

(1.) VIDE the present writ petition, the petitioner is seeking directions to set aside the impugned order dated 15.12.2009 passed by the Financial Commissioner whereby order dated 10.04.2008 passed by the Deputy Commissioner was set aside and the appeal of the respondent Nos.3 & 4 was allowed.

(2.) BRIEF facts of the case are that Shri Anant Ram was declared Bhumidhar of Khasra No.41/12(2.08), situated within the revenue estate of Village Nangli Poona, Delhi, under Section 74 (4) of the Delhi Land Reforms Act, 1954 (hereinafter to be referred as "the Act?). On 29.08.1989, Ram Lal Aggarwal father of Anil Kumar Aggarwal/respondent No.3 purchased 1 Bigha 6 Biswas out of 2 Bighas 13 Biswas from the Khasra mentioned above through GPA on 29.08.1989 for Rs.45,000/ - in total. The father of the petitioner had claimed cultivatory possession upon land bearing Khasra No.41/12 (1 Bigha 4 Biswas) in the revenue estate of Village Nangli Poona, Delhi, as that land exits adjoining to the petitioner 's father 's land bearing Khasra No.41/13 (4 -6) allotted under 20 -Point Programme by the Government. Ram Lal Aggarwal then sold said land to his son Anil Kumar/respondent No.3 on 28.05.1990 for a sum of Rs.1,24,900/ -. However, name of Shri Anant Ram continued to figure in the Khasra Girdawaries till 1996. Thus, neither the name of Shri Ram Lal Aggarwal nor his son Anil Kumar Aggarwal ever figured in the Khasra Girdawaries of the suit land till 1996.

(3.) THE petitioner lodged a police complaint on 26.12.2001 with SHO, PS Samaypur Badli, Delhi, for protecting his agricultural land in Khasra Nos. 41/12 and 41/13 at Village Nangli Poona, Delhi, from Ravinder Singh/respondent No.4 and his brothers etc. who were trying to snatch the said land by unlawful manners.