(1.) THE case of the petitioner is that land measuring 4 bighas and 12 biswas comprised in Khasra no.20/8, Sub Division -Najafgarh, Delhi was allotted to his father in the year 1976 under the Scheme of 20 Point Programme as Asamis, initially for a period of five years and since then his father and thereafter the petitioner has been in continuous possession of the aforesaid land. According to the petitioner, vide application dated 10.6.2011, he applied to Tehsildar, Palam for entering his name in the revenue record in respect of the aforesaid land, but his name has not been entered in the revenue record.
(2.) THE learned counsel for the petitioner in support of his contention that the petitioner is entitled to recording of his name in the Revenue record has relied upon the decision of this Court in C.W.P No.639/1999 rendered on 1.8.2001. In the above referred case, the petitioners before this Court claimed that they or their predecessors in interest being landless labourers and persons belonging to weaker sections of the society were allotted diverse parcels of land in the Revenue Estate of Chhawla, Delhi as Asamis for an initial period of five years. This was also their submission that the allotment made to them culminated in bhumidari rights in terms of Section 74(4) of Delhi Land Reforms Act and they were in possession of the said land. This Court, noticing that the amendments made in Rule 49, 63 and Form P -5 of Delhi Land Revenue Rules had been held to be bad law by a Division Bench of this Court in Balbir Singh vs. ADM (Revenue) [57(1995) DLT 547] and the appeal challenging the aforesaid order had been dismissed by the Supreme Court vide its judgment reported as ADM (Revenue) vs. Shri Ram [IV (2000) Supreme Laws Today 592], disposed of the petition with the following order:
(3.) IN view of the above, the petition is hereby dismissed. The petitioner shall be at liberty either file a civil suit or to apply afresh to the respondent, for entering his possession in the revenue record. In case a fresh application is made, the respondent shall make an inquiry in this regard and if it is found that the petitioner has been in possession, in the manner stated in the writ petition, his possession shall be recorded in terms of the provisions contained in Delhi Land Revenue Act and Delhi Land Revenue Rules, without taking into consideration the amendments made in Rule 49, 63 and Form -P by virtue of Delhi Land (Revenue) Rules, 1989 as notified on 30.11.1989. The writ petition stands disposed of. No order as to costs.