MALKHAN SINGH Vs. FINANCIAL COMMISSIONER

JUDGEMENT

(1.) Instant petitions under Article 226 and 227 of The Constitution of India have been filed by the present petitioners against the order dated 31.07.2014 passed by the Ld. Financial Commissioner, dated 07.10.2013 passed by the Collector Revenue DC/North and the order dated 18.01.2013 passed by the Tehsildar.

(2.) The brief facts stated are that Sh. Layak Ram S/o Kanhiya was the recorded co-owner of 1/3 share of Khata no. 81/69 and 1/2 share of Khata no. 73/62 along with his two brothers namely Desraj S/o Kanhiya and Kehar Singh S/o Kanhiya in the aforesaid agriculture land situated within the revenue estate of village Mohd. Pur Ramjanpur, Delhi.

(3.) On 13.01.1995 Layak Ram S/o Kanhiya Lal died leaving behind three married daughters i.e. Savitri, Bimla and Darshana (Respondent No. 2 to 4), no male child was born during the life time of Layak Ram. After the death of Late Layak Ram mutation proceedings pertaining to agricultural land comprised in khata no. 75(4-16), 76(4-16), 77 (4-16), 78 min (1-16), 155 (4-16), 231 (1-8), 230 (1-12), 233 (4-12), 336 (3- 9), 339 (4-10) & 340 (2-3), 227 (4-16), 228 (4-16), 232 (4-13) total measuring 52 Bigha 19 Biswa (which is share of deceased Layak Ram out of two khata ) was carried out and Tehsildar, Alipur mutated share of Layak Ram in favour of Respondent No.2 to 4. The plea taken by the Petitioners Malkhan Singh, Chander Has, Sanjeet Sehrawat and Vishal Sehrawat was ignored that Late Layak Ram was co-share of the property in question. Aggrieved from the order of the Tehsildar Respondent No. 2 to 4 preferred an appeal before the Collector, Revenue DC/North vide appeal No. 31/DCN/2030/4638, same was dismissed on 07.10.2013.