PUNEET ANAND Vs. GOVT OF NCT OF DELHI

JUDGEMENT

(1.) Though the prolix pleadings have made the record of the instant petition voluminous but the short question which falls for consideration is whether petitioner can lay a challenge to Resolution No.148 (recorded on 25 th August, 1981, during the consolidation proceedings) in writ proceedings after completion of consolidation proceedings in VillageBurari, Delhi in the year 1982, without invoking the revisional jurisdiction of the Financial Commissioner under Section 42 of the East Punjab Holdings (Consolidation & Prevention of Fragmentation) Act, 1948. If answered in the negative, then whether concurrent findings of the Revenue Authorities upholding correction of the revenue record at the instance of respondents No. 8 to 14 herein, in the year, 1993, to bring it in line with aforesaid Resolution No. 148, suffers from manifest error apparent on the face of record.

(2.) The bone of contention between the contesting parties is Khasra No. 123, situated in the Revenue Estate of Village- Burari, Delhi. The factual position, as noted in the impugned order of 16 th October, 2001, is as under:-

(3.) Appellant before the Financial Commissioner, is the petitioner herein, whose application under Section 26 of the Delhi Land Revenue Act was dismissed by the Additional Collector by relying upon a detailed enquiry report and the order of 20 th July, 2001 of the Additional Collector has been affirmed by the Financial Commissioner vide impugned order.