KESARWATI Vs. COLLECTOR (NORTH-WEST) DELHI

JUDGEMENT

(1.) BOTH these intra-court appeals impugn the common order dated 07.05.2012 of the learned Single Judge dismissing W.P.(C) No.11797- 99/2006 and W.P.(C) No.11807/2006 filed by the appellants respectively. The said writ petitions were filed impugning the order dated 08.06.2006 of the Financial Commissioner dismissing the Second Appeal under Sections 64 and 65 of the Delhi Land Revenue Act, 1954 preferred by the appellants in LPA No.489/2012 against the order dated 20.03.2006 of the Collector (North-West). The order dated 20.03.2006 of the Collector (North-West) in turn was of allowing the First Appeal preferred by the Gaon Sabha, village Sultanpur Dabas against the order dated 17.12.1998 of mutation of land ad- measuring 7 Bighas and 3 Biswas in village Sultanpur Dabas in favour of the appellants in LPA No.489/2012.

(2.) THE Collector (North-West), the Financial Commissioner as well as the learned Single Judge in their concurrent orders have held the mutation of the said land in favour of the appellants in LPA No.489/2012 to be bad for the reason:

(3.) WE have enquired from the counsel for the appellants as to how the Kumhar community could be the Bhumidhar and / or as to how the members for the time being thereof could transfer the said land inasmuch as the land appears to be for the benefit of the community from time to time. Though the counsel for the appellants has attempted to reply to our said query but we are of the opinion that it will not be proper to deal with the said aspect since the aspect of possession / ejectment of the appellants in LPA No.489/2012 from the said land at the instance of the Gaon Sabha is pending consideration and the said aspects may be arising therein also and any decision / observation by us on this aspect, at this stage may prejudice the parties in those proceedings.