BHAGWAT Vs. LT GOVERNOR OF DELHI

JUDGEMENT

(1.) . The order impugned in the present petition is an "order dated 22.2.1978 passed by the Lt. Governor in a Revision Petition under Section 20 of the Delhi Land Holding (Ceiling) Act, 1960 (hereinafter referred to as the said Act). The Revision Petition had been preferred by the petitioner against the gazette publication dated 1.5.1976 under Para IV of the Delhi Gazette under Section 6(3) of the said Act declaring excess land of Shri Amar Singh in Village Ali, Delhi. The petitioners in the present petition are the legal representatives of late Shri Amar Singh.

(2.) . In the impugned order dated 20.2.1978 it is noted that upon the filing of the Revision Petition under Section 20 of the said Act, the respondents therein had raised a preliminary objection with regard to the maintainability of the Revision Petition. It was the contention of the respondents that the petitioners have filed the Revision Petition under Section 20 without first exhausting the remedy of filing objections before the Deputy Commissioner under Section 9(1) of the said Act. The Lt. Governor found that there was force in the contention of the counsel for the respondent therein and he concluded as under:-

(3.) . In this regard it would be relevant to set out the provisions of Section 9(1) and (2) as well as Section 20(1) and (2) which are as under:-