RAVI PAL SINGH Vs. ADDITIONAL DIVISIONAL MAGISTRATE (ADM)

JUDGEMENT

(1.) The petitioners (i) Ravi Pal Singh, S/o Late Sewa Singh (ii) Jitender, S/o Late Harbans Singh (iii) Puneet, S/o Late Avtar Singh and (iv) Asha, W/o Late Avtar Singh, have filed this petition seeking mandamus to the respondent Land Acquisition Collector (LAC) to send the amended/corrected Reference, by impleading/including/adding the names of the remaining/all legal representatives of Late Sewa Singh, which were not included in the list of beneficiaries/interested parties, in the Reference sent by the respondent LAC to the District Court in Saket, New Delhi.

(2.) The petition came up before this Court first on 30th July, 2019, when the counsel for the respondent LAC appearing on advance notice took time to obtain instructions. Thereafter the matter was adjourned from time to time and on one of the dates, an opportunity also given for filing counter affidavit. On the functioning of the courts being affected by the prevalent Covid-19 pandemic, the petition was being adjourned for that reason. The petitioners filed CM No.28547/2020, for early hearing of the petition and which came up before this Bench on 10th November, 2020, when early hearing was allowed and noticing the limited relief claimed in the petition, we enquired from the counsel for the respondent LAC, why the petition should not be allowed immediately. However on request of counsel for the respondent LAC on 10th November, 2020, the petition was adjourned to today, with liberty to file counter affidavit, if required, in the interregnum. No counter affidavit has been filed.

(3.) The counsel for the respondent LAC states that she has been informed that the records are of the year 1972 and were sent to the LAC Reference Court at the District Court, Saket and are thus now not available with the respondent LAC. She suggests that the writ petition be ordered to be treated as a representation of the petitioners and be directed to be disposed of in a time bound manner.