Om Prakash v. State of NCT of Delhi & Anr. & Ors

MINI PUSHKARNA, J. (ORAL):

¶1The present writ petition has been filed with prayer for direction to the respondents to demarcate the land bearing Khasra No.67/4 situated in the area of village Gherva, Delhi-110081.

¶2It is the case of the petitioner that he had purchased land measuring 1 Bigha, 14 Biswas out of Khasra No.67/4, situated in the area of Village Ghevra, Delhi-110081. Likewise, One Smt. Shanti Devi and Smt. Krishna Devi also purchased portion of the land out of Khasra No.67/4 in their respective shares. Thus, it is submitted that there are now three shareholders with respect to property situated in Khasra No.67/4. It is submitted that the property has not been divided by metes and bounds and has not been partitioned for the purposes of egress and outgress. W.P.(C) 7013/2023

¶3In view of the aforesaid, the petitioner sent an application for demarcation of the property to the Sub-Divisional Magistrate (SDM), Kanjhawala for demarcation of the land. However, no action has been taken.

¶4Issue notice. Notice is accepted by the learned counsel appearing for the respondents.

¶5Considering the submissions made before this Court, it is directed that the respondents shall carry out the demarcation of the land belonging to the petitioner as well as belonging to Smt. Shanti Devi and Smt. Krishna Devi.

¶6Sub-Divisional Magistrate (SDM), Kanjhawala is directed to issue notice to all the three concerned persons who are the owners of the land in question, i.e., Khasra No.67/4 situated in the area of village Gherva, Delhi-110081. All the three parties, i.e., the petitioner herein as well as Smt. Shanti Devi and Smt. Krishna Devi shall be granted opportunity to appear before the concerned SDM and submit the requisite documents. Further, all the three parties shall be granted hearing and only thereafter the Learned Sub-Divisional Magistrate

(SDM) shall carry out the demarcation process after taking into account the submissions and objections on behalf of each of the parties.

¶7With the aforesaid directions the present writ petition is disposed of.

MINI PUSHKARNA, J

MAY 22, 2023/ sc

W.P.(C) 7013/2023 * IN THE HIGH COURT OF DELHI AT NEW DELHI % Decided on: 22nd May, 2023 + W.P.(C) 7013/2023 OM PRAKASH ..... Petitioner Through: Ms. Yashsavi Sharma and Ms. Pallavi Bhatt, Adv. (M:9971117715,Email:yashsavi sharma@gmail.com) versus STATE OF NCT OF DELHI & ANR. & ORS. ..... Respondents Through: Ms. Avni Singh, Adv.(M:9958018998, Email:legal.avni@gmail.com) CORAM: HON'BLE MS. JUSTICE MINI PUSHKARNA [Physical Hearing/ Hybrid Hearing]