SUBH RAM Vs. FINANCIAL COMMISSIONER

JUDGEMENT

(1.) The challenge in this writ petition is to an order dated 11.8.1995 passed by the Tehsildar, Najafgarh carrying out mutation of inheritance in respect of 1/9th share in Khata No. 371 in village Tikri Kalan, Tehsil Najafgarh in the name of Sarvashri Raj Singh, Vinay Kumar, Satyawan and Satpal Singh all sons of Smt. Bharto D/o Shri Harphool Singh. The writ petition also challenges an order dated 10.8.1998 passed by the Tehsildar dismissing the application filed by the petitioners for recall of the order dated 11.8.1995 and an order dated 10.9.1998 passed by the Financial Commissioner dismissing the revision petition filed by the petitioners here.

(2.) The facts leading to the filing of this petition are that Shri Harphool Singh, the father of the petitioners and their sister Smt. Bharto, died intestate in 1964. Smt. Bharto was at that time married. Shri Harphool Singh was the joint recorded bhumidar in respect of 55 bighas and 6 biswas of agricultural land in village Tikri Kalan. According to the petitioners, on Shri Harphool Singh dying intestate in 1964, his total holding devolved on the petitioners being the male descendants as per Section 50 of the Delhi Land Reforms Act, 1954 (DLRA). It is stated that in the year 1968-69 a mutation was carried in favour of Smt. Bharto by the Patwari on his own whereby 1/3rd share each of the father"s share (i.e. 1/9th share in the property) in favour of the two petitioners and Smt. Bharto, was carried out. It is stated that the Patwari did this on his own applying the general law of succession.

(3.) Smt. Bharto died on 14.8.1986. Upon her death, her four sons Sarvashri Raj Singh, Vinay Kumar, Satyawan and Satpal Singh (Respondents 6 to 9 herein) applied for mutation in respect of her entire 1/9th share in the total land which had earlier been mutated in her favour. By the impugned order dated 11.8.1995, the Tehsildar allowed this application. It is stated that this was done without any notice to the petitioners.