KRISHAN LAL Vs. FINANCIAL COMMISSIONER, DELHI & OTHERS

JUDGEMENT

(1.) VIDE the present petition, petitioner seeks setting aside of the judgment and order dated 26.06.1995 passed by Shri Ramesh Tiwari, Additional Collector, Delhi; judgments and orders dated 19.12.1995 and

(2.) 02.1996 passed by the Financial Commissioner, Delhi, in Second Appeal No.174/95/CA and review petition bearing Case No.9/96 -CA respectively. Further seeks restoration of the judgment and decree dated 01.05.1995 passed by the Revenue Assistant/Settlement Officer (Consolidation), Delhi, by directing the respondents to comply with the orders dated 01.05.1995. 2. This case has a long history. Brief facts of the case are that in the year 1945, petitioner and one Shri Mithun were occupying tenancy in respect of land measuring 46 Bighas and 14 Biswas, situated in Village Holambi Khurd, Delhi. After coming into force of the Delhi Land Reforms Act, 1954 (hereinafter to be referred as the Act ), the aforesaid tenants were illegally dispossessed in the year 1954 -55 without following due process of law.

(3.) THEREAFTER , on 18.07.1955, petitioner filed an application under Section 18(2) of the Act for regaining possession of the land in question against the recorded owners. The Revenue Assistant held that application was defective and accordingly dismissed the same vide its order dated 23.05.1958. Being aggrieved, petitioner filed an appeal before the Additional Collector, who dismissed the same vide order dated 17.03.1959. Thereafter, petitioner filed second appeal before the Chief Commissioner, Delhi, under Section 185(4) of the Act. Vide order dated 18.08.1961 while setting aside the impugned order dated 23.05.1958, the Chief Commissioner remanded the case back to the Revenue Assistant with directions to dispose of the same on merits.