Naresh Kumar v. Gaon Sabha Goela Khurd and Ors

ORDER %

25.1^1.2011

¶1This Court is constrained to note that petitions seeking the prayers like the one in the instant petition are quite frequent. The prayer made in this petition is to direct the respondent to record the petitioner's possession in the form Ex.?.5 i.e. for the recording of cultivatory physical possession.

¶2It is stated by learned counsel for the respondent that if there is a default at the level of ^^'"hsildar concerned in deciding such application, there is no mechanism under the Delhi Land Reforms Act to seek redressal, even before the Financial Commissioner.

¶3Even if it is so, still the defaulting Tehsildar concerned should be held responsible for dereliction of duty in such like matters.

¶4Here in the instant case, it is alleged that petitioner's application dated 20^*^ September,2010, for recording his possessionis pending before the Tehsildar, Najafgarh, Delhi, and it's fate is not known till date. WP(C) No.5774/2011 Page1 Certify that the digital file and physical file have been compared and the digital data is as per the physical file and no page is missing.

¶5Mr. V.K. Tandon, learned counsel for the respondent, undertakes that he will impress upon the authorities concerned, to evolve such an internal mechanism which provides redressal of grievances like instant one, so that poor persons need not rush to this Court.

¶6This petition is disposed of with direction to the concerned Tehsildar to pass a speaking order on petitioner'sapplicationdated 13^*^ September, 2010, within four weeks. Needless to say, in case of default, the concerned Tehsildar would face the consequences.

¶7Copy of the order be given dasti to counsel for both the sides under the signatures of Court Master. fIL GAUR, J NOVEMBER 25, 2011 n WP(C} No.5774/2011 Page2

r $-22 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 5774/2011 NARESH KUMAR Petitioner Through: Mr. B.D.Sharma and Mr. S.K.Rout Advocates. versus GAONSABHAGOELAKHURDANDORS Respondents Through: Mr. V.K.Tandon, Advocate. CORAM: HON'BLE MR. JUSTICE SUNIL GAUR