MOHIT TIWARI Vs. GOVT. OF NCT OF DELHI

JUDGEMENT

(1.) Petitioner claims to be bona fide purchaser of 3 bighas and 17 biswas of agricultural land in khasra No. 371 min. in the revenue estate of Village- Nangloi Syed, Delhi by virtue of Sale Deed of 3rd May, 2010 (Annexure P-1), which was registered on 21st June, 2010. The concerned SDM i.e. respondent No. 2 upon receiving the complaint regarding evasion of stamp duty in respect of the aforesaid Sale Deed, had called upon the petitioner vide Notice of 19th January, 2007 (Annexure P-7) to produce the relevant documents in respect of this transaction. A disciplinary action was initiated on 1st June, 2011 by the SDM Head Quarters against the erring Revenue Officials in respect of the afore-noted transaction and the second respondent was called upon by the SDM Head Quarters vide Communication of 30th June, 2011 to correct the revenue record in respect of the subject matter in hand and to restore its status as Sarkar Daulatmadar. In pursuance thereto, the second respondent i.e. the concerned SDM vide impugned order of 12th July, 2011, had ordered for keeping the revenue entries in respect of the subject land in abeyance till further orders and for correction of the revenue entries i.e. khasra girdawaries of the years 2003 to 2007 and khatoni for the year 2007-08, the concerned parties were put to notice.

(2.) According to learned senior counsel for the petitioner, correction of the aforesaid revenue record by the SDM concerned is prohibited by law, as it is the concerned Deputy Commissioner who can do so.

(3.) The relevant provision regarding correction of the revenue record is Section 26 of The Delhi Land Revenue Act, 1954, which reads as under:-