SACHIN GANDAS Vs. GAON SABHA MEHRAULI

JUDGEMENT

(1.) THE present writ petition is filed by the petitioners praying inter alia for quashing the order dated 4. 10. 2007 passed by the learned Financial commissioner in a revision petition No. 216/2006-CA filed by the petitioners under section 187 read with Section 31 Ch. VI Part-B of the Delhi Land reforms Act, 1954 (hereinafter referred to as `the Act') against the order dated 25. 11. 2003 passed by the Collector (South) in Appeal No. 1/2003 and the decree dated 31. 12. 2003 passed by the Revenue Assistant, Hauz Khas under Sections 81 of the Act which vested the land of the petitioners in the gaon Sabha, ejecting the petitioners therefrom.

(2.) A brief narration of the previous litigation in respect of the land bearing khasra No. 31/3 min. (3-12), 4/2 min. (2-3), 4/1 min. (1-16), 8/1 min. (1-7), 31/7/2 min. (3-6), situated in the Revenue Estate of village mehrauli, Delhi is necessary. An order was passed by the Revenue Assistant, hauz Khas on 13. 3. 2003 under the provisions of Section 81 of the Act on the basis of a report of the Tehsildar dated 17. 12. 2002, in respect of the aforesaid land to the effect that the petitioners were using the said agricultural land for non-agricultural purposes. As a result, the petitioners were directed to reconvert the said land back to use for agricultural purposes within a period of three months from the date of the order, failing which, it was directed that the said land shall vest in the Gaon Sabha absolutely and the petitioners would be ejected.

(3.) AGGRIEVED by the aforesaid order dated 13. 3. 2003, the petitioners filed an appeal before the Collector (South), under Section 65 of the Act, which was dismissed vide order dated 25. 11. 2003 with the observation that the records be sent back to the court of the Revenue assistant for further proceedings. Meanwhile, the Revenue Assistant, Hauz khas passed another order dated 31. 12. 2003 confirming his previous order dated 13. 3. 2003 and extinguishing the bhumidari rights of the petitioners in the land in question and vesting the same in Gaon Sabha.