BIJENDER KUMAR Vs. ATTAR SINGH

JUDGEMENT

(1.) PRESENT two writ petitions have been filed under Article 226 of the Constitution of India. While W.P.(C) 1486/2012 has been filed by the grandsons of the recorded bhumidar Mr. Chabilla Ram, W.P.(C) 2027/2012 has been filed by the wife of one of the sons of Mr. Chabilla Ram. It is pertinent to mention that petitioners have challenged the orders dated 31st October, 2012 passed by the Financial Commissioner, Delhi whereby revision petitions filed by the petitioners against the orders dated 21st April, 2006 passed by the Additional Collector (West), were dismissed.

(2.) THE relevant facts of the present case are that in 1995 the petitioners filed two separate applications under Section 85 of the Delhi Land Reforms Act, 1954 (for short 'Act, 1954') for declaring themselves to be the bhumidars in respect of the land falling in Khasra Nos. 76/9 (4-0), 76/13 min(1-18), 76/12 (3-0) and 76/6 (1-05) min in the Revenue Estate Village Mundka, Delhi. The only material averment in both the applications/petitions was that petitioners are in adverse cultivatory possession of the land since June, 1990 and the defendant/Mr. Chabila Ram is the bhumidar of the land in dispute.

(3.) UPON appeals being filed under Section 185 of the Act, 1954 by Mr. Attar Singh, another son of Mr. Chabila Ram, the Additional Collector (West) set aside the aforesaid orders passed by the Settlement Officer. The relevant portion of the order passed by the Additional Collector (West) in one of the appeals is reproduced hereinbelow:-