MANGTU Vs. FINANCIAL COMMISSIONER

JUDGEMENT

(1.) This petition challenges an order dated 18.4.2001 passed by the Revenue Assistant under Sec. 11 and 85 of the Delhi Land Reforms Act, 1954 (DLRA) rejecting the application filed by the petitioner for declaration of bhumidari rights regarding certain agricultural land situated in village Shakarpur. The petition also challenges the order dated 29.10.2001 passed by the Deputy Commissioner (South-west District), New Delhi dismissing the petitioner's appeal and the order dated 14.2.2006 passed by the Financial Commissioner dismissing the second appeal filed by the petitioner against the aforementioned order.

(2.) The facts leading to the filing of the present petition are that at the time of the commencement of the DLRA, one Smt. Chameli Devi, the widow of late Shri Munshi was declared bhumidar of half the share of the aforementioned land on the basis of the entries in the Revenue records. The petitioner and Shri Devi Singh were also declared bhumidars in respect of 1/4th share of the aforementioned land. The land in question originally belonged to one Shri Deena who had two sons namely Shri Molad and Shri Munshi. While the petitioner Shri Mangtu and Shri Devi Singh are grandsons of Shri Molad, Smt. Chameli Devi is the widow of Shri Munshi.

(3.) According to the petitioner, the property in question was a Hindu Undivided Family property (HUF) and since she was not a coparcener Smt. Chameli Devi's name could not have been entered in the Revenue records as a co-owner. The petitioner also claimed bhumidari rights under Sec. 85 of the DLRA on the basis of exclusive physical cultivatory possession since 1974. The said application was resisted by Smt. Chameli Devi on the ground that the petitioner here was never in possession of the land in question. He had never challenged the entry made in the Revenue record acknowledging Smt. Chameli Devi as bhumidar/co-owner since 1954 and the present petition was filed only in 1997 i.e. after a gap of 43 years. It is submitted that for correction of an erroneous entry, the remedy lay under Rule 8 (4) of the Delhi Land Reforms Rules, 1954 (DLR Rules).