SHEOPAL Vs. GNCT OF DELHI

JUDGEMENT

(1.) The petitioners preferred this writ petition impugning the order dated 26th June, 2009 of the Financial Commissioner in the revision petition under Section 42 of the East Punjab Holdings (Consolidation & Prevention of Fragmentation) Act, 1948 preferred by the respondents no.4 to 16. The Financial Commissioner by the said order has allowed the said revision petition of the respondents no.4 to 16 and directed the Consolidation Officer to reframe the Consolidation Scheme after taking into consideration the findings / illegalities therein as recorded in the said order.

(2.) It is inter alia the contention of the petitioners that they are the "interested parties" within the meaning of proviso to Section 42 (supra) requiring notice to be issued to all the "interested parties" but the aforesaid order of the Financial Commissioner was made without issuing notice to them. This Court vide ex parte order dated 25th March, 2010 while issuing notice of the petition stayed the operation of the order of the Financial Commissioner.

(3.) CM No.7690/2010 was filed by the respondents no. 4 to 16 for vacation / modification of the aforesaid ex parte order. This Court vide order dated 4th June, 2010 on the said application recorded the statement of the counsel for the petitioners and the counsel for the respondents no.4 to 16 undertaking to this Court that none of them shall transfer the land without permission of the Court and shall also maintain the status quo with regard to the agricultural land. It was further stated with respect to the Abadi land that the same shall not be transferred and sold to any third party and in case any construction is made neither party shall claim any equity and it will not be a ground that will affect the final outcome / relief in this writ petition.