SHERA Vs. FINANCIAL COMMISSIONER

JUDGEMENT

(1.) In Writ Petition (Civil) No.3205/1982, Shera, Sherdin and Ulfat widow of Shamsher, (now represented by their legal representatives and hereinafter referred to as the petitioners, for short), have challenged the Order dated 15th April, 1982 passed by the Financial Commissioner dismissing their appeal under Section 72 of the Delhi Land Revenue Act, 1954 (hereinafter referred to as the Revenue Act, for short) upholding and confirming the Order passed by the Tehsildar that no correction in khasra-Girdwari in respect of the land bearing khasra nos. 121, 122, 350, 351, 415/154 and 416/154, Vill. Babarpur, ilaqa Shahdara (hereinafter referred to as the Property, for short) for the subsequent period after kharif 1968-69 till 1981 was directed vide earlier orders confirmed by the Financial Commissioner in his order dated 5th January,1981.Only correction in khasra girdwari for kharif 1968-69 was directed by the order of the Financial Commissioner dated 5th January,1981.

(2.) Shera and Sherdin, (now represented by their legal representatives and for the sake of convenience also referred to as the petitioners), in the Writ Petition (Civil) No.4088/1995 have challenged the Order dated 12th September, 1995 passed by the Financial Commissioner dismissing their second appeal under the Delhi Land Reforms Act, 1954 (hereinafter referred to as the Reforms Act, for short) and upholding and confirming the Orders of the Additional Collector and the Revenue Assistant declaring that Mala Devi, Kartar Singh, Ram Pal, Chattar Singh, Abdul Islam and Mohd. Ibrahim, (now represented by their legal representatives and for the sake of convenience referred to as the private respondents) are the bhumidars of the Property measuring 9 bigha and 6 biswa since they have been cultivating on the property for a period of more than three years prior to the date of their application i.e. 27th January, 1978.

(3.) The Writ Petition (Civil) No. 4088/1995 pertains to recording and transferring of the bhumidari rights in respect of the Property in favour of the private respondents and Writ Petition (Civil) No. 3205/1982 pertains to recording of entries in the revenue record and whether or not the entries in the revenue record for the period after Kharif-1968-69 till 1981 were required to be modified/corrected.