GATI LTD Vs. GAON SABHA SAMALKHA

JUDGEMENT

(1.) Finding that Khasra No. 14/20/2 min.(1-16) and 14/19/2 (4-0) in Revenue Estate of Village Samalka, Tehsil Vasant Vihar, Delhi had been converted to non-agricultural use by the petitioner, thereby contravening provision of Section 81 of Delhi Land Reforms Act, 1954, conditional order of 11th April, 2007 (Annexure P-8) was passed by the concerned SDM/Revenue Assistant. Since, petitioner had failed to convert back the subject land to agricultural use within stipulated period of three months and because none had appeared on behalf of the petitioner before concerned Revenue Assistant, therefore ejectment order of 1st February, 2008 (Annexure P-11).was passed directing vesting of the subject land in the Gaon Sabha. Petitioner had sought recalling of order of 1st February, 2008 (Annexure P-11) by invoking Order 9, Rule 13 of CPC and had also filed an application seeking condonation of delay in filing aforesaid application, which was dismissed vide order of 1st August, 5011 (Annexure P-22) by observing that the application had been filed on 29th October, 2010 i.e. on 32nd Day of acquiring knowledge about the order of 1st February, 2008, whereas limitation for filing such application is of 15 days from the date of knowledge.

(2.) Petitioner had also filed an application under Section 151 of CPC to highlight that the application seeking recall of ex-parte order of 1st February, 2008, was filed on 25th October, 2010 and not on 29th October, 2010 as noted in order of 1st August, 2011 (Annexure P-22). Aforesaid application stands dismissed vide order of 19th August, 2011.

(3.) The two orders which are impugned in this petition are of 1st August, 2011 (Annexure P-22). In the subsequent order of 19th August, 2011 refusing to correct the typographical error in the order Annexure P-22. The precise submission of learned counsel for the petitioner is that Section 190 of Delhi Land Reforms Act, 1954 provides that the Code of Civil Procedure as well as the Limitation Act applies to the proceedings under this Act and therefore, petitioner was under the bona fide impression that the period of limitation for seeking recall of ex-parte order is 30 days from the date of knowledge and had drawn the attention of this Court to impugned order (Annexure P-22) to point out that it stands recorded therein that petitioner had filed the application under Order 9, Rule 13 of CPC on 25th October, 2010 and in the operative portion of the impugned order, it is inadvertently recorded that the petitioner had filed the said application on 29th October, 2010. Thus, it was emphasized by learned counsel for the petitioner that after excluding the period of limitation of 15 days as prescribed in Appendix-VI of Delhi Land Reforms Rules, 1954, the period of delay would be of 13 days only.