NARAIN SINGH Vs. FINANCIAL COMMISSIONER

JUDGEMENT

(1.) THIS intra -court appeal impugns the judgment dated 14.07.2008 of a learned Single Judge of this Court dismissing the W.P.(C) No.670/1995 preferred by the appellants. The said writ petition was preferred impugning the order dated 10.02.1995 of the Financial Commissioner, Delhi in a proceeding preferred by the respondents No.2 and 3 i.e. Sh. Mohinder Singh and Sh. Rajinder Singh and setting aside orders of mutation (in favour of appellants) of land bearing Khasra No.6/19/2 admeasuring 4 Bighas 18 Biswas situated in the Revenue Estate of village Samai Pur, Delhi and further ordering the land to be vested in the respondent No.4 Gaon Sabha village Samai Pur Badli.

(2.) THE facts, insofar as necessary for disposal of this appeal, may be set out in seriatim as under:

(3.) WE have enquired from the counsel for the appellant that if his second contention aforesaid, of the land, as far back as in the year 1982 i.e. since prior to the sale in favour of the appellants and commencement of the proceedings aforesaid by the respondents No.2 and 3, having ceased to be governed by the Reforms Act, will not, both the proceedings aforesaid i.e. under Section 85 of the Reforms Act and of mutation, be non est since their very inception in as much as, the proceedings before the Revenue Authorities are maintainable only so long as the land is governed by the Reforms Act. It was further enquired whether not in the aforesaid scenario the disputes between the parties relating to title and possession of the land, will have to be determined by the Civil Court.