VIDYAWATI Vs. FINANCIAL COMMISSIONER DELHI

JUDGEMENT

(1.) THE writ petition impugns the order dated 28th March, 2002 of the Financial Commissioner dismissing the second appeals filed by each of the three petitioners under Section 66 of the Delhi Land Revenue (DLR) Act, 1954 against the common order dated 13th August, 2001 of the Collector.

(2.) THE factual matrix as emerges is that the respondent no.2 Mr. Tri Bhawan Gopal had purchased land admeasuring 1 Bigha, 1 Biswas bearing Khasra No.1081 min situated in Village-Milak Pur Kohi @ Rangpuri, Tehsil-Mehrauli, New Delhi vide registered Sale Deed dated 26th June, 1982. THE said land was also mutated in his favour on 30 th June, 1983.

(3.) THE Collector allowed the appeals aforesaid finding various suspicious circumstances. It was found that the demand draft for payment of sale consideration was not got prepared by the petitioner no.1 but by somebody else; that for mutation from the name of respondent no.2 to the name of petitioner no.1, one Mr. Atul Sharma has appeared as Mukhtiar of the respondent no.2 but there was no document of Mukhtiarship on record; it was also found that the same person had appeared as the attorney of the petitioner no.1, petitioner no.2 and petitioner no.3. Yet another suspicious circumstance noticed was that though sale by respondent no.2 to petitioner no.1 was of the year 1982 but mutation in favour of petitioner no.1 also was effected on 10th July, 1991. In the light of the said suspicious circumstances, the mutation in favour of the petitioners was ordered to be cancelled and First Information Report (FIR) also ordered to be lodged.