BHIM SINGH Vs. TEHSILDAR NARELA

JUDGEMENT

(1.) The petitioner by this writ petition seeks quashing of the order dated 25th April, 2008 of the respondent No. 1, Tehsildar Narela on the application of the petitioner to the Deputy Commissioner (Revenue), Kanjhawala, Delhi under Section 26 of the Delhi Land Revenue Act, 1954 and seeks direction to the said Deputy Commissioner to fill up Form P-5 and enter the name of the petitioner in the said Form with respect to agricultural land bearing khasra No. 76/8/1/1 (1-08), 26(0- 01) & 27(0-01) total 1 bigha 10 biswa, situated in the Revenue Estate of Vill. Khera Khurd, Delhi. It is the contention of the petitioner that though under Section 26 of the Act (supra) it is only the Deputy Commissioner who is empowered to correct any mistake or error in the Annual Register and for which purpose the application was made by the petitioner to the Deputy Commissioner, but the said application was wrongly considered by the Tehsildar and dismissed vide order dated 25th April, 2008.

(2.) On enquiry as to how this petition is maintainable since the remedy against such orders is provided in the Act itself, the counsel for the petitioner contends that the said remedies are not suitable since the order has been passed by an Authority not authorized to do so.

(3.) The counsel also informs that the name of the petitioner has been entered in the Khasra Girdawari for the subsequent years.