Kishore Lal v. Ravinder Lal & Ors

ORDER oh

17.tti.2012

¶1This intra-Court appeal irnpugns the order dated 23.08.2012 of the learned Single Judge in C.M.No.I7Itill20I1 (for interim relief) in WP(C) No.7554l20II prefen'ed by the respondeuts No. 1 to 8. 'Ihc said writ petition has been fited irnpugning the order dated 21" Febru ary, 2011 of the Financial Commissioner allowing the appeal filed by the appellant herein.

¶2The dispute relates to mutation of 25 bighas 3 biswas of land in village Alipur. The said land was allotted in the namc of onc Shri Sewa Ram. 'Ihe appellant claims that Shri Sewa Ram 'sold' the land to hirn and received the entire sale consideration and executed a registered receipt and Will with respect thereto in favour of the appellant and a power of attorney in favour of the nominee of the appellant. 'r\ LPA 701/20t2 Page I of j ?-' L

¶3The said Sewa Ram died on 19th December, 1976. However, the land continued in the name of Shri Sewa Ram only and in the consolidation proceedings held in the year 1984 also, the allotment was in the name of Shri Sewa Ram only. The appellant claims that the respondents No. 4 to 8, who are the natural heirs of Shri Sewa Ram, in or about the year 2008 got the said land rnutated in their favour and immediately after mutation also sold part thereof to the respondents No. 1 to 3. The appellant on coming to know of the said mutation, applied for revocation thereof and the Tehsildar, vide order dated 2L'tMay,2008 recalled the earlier order dated 19th March, 2008 of rnutation in the name of respondents No.4 to 8. The respondents No. 4 to 8 preferred an appeal to the Collector, who vide order dated 9th June, 2Otig set aside the order dated 2I" May,2008 of the Tehsildar. It is against the said order of the Collector that the appellant appealed to the Financial Comrnissioner who vide order dated 21't Febru ary, 2011 supra set aside the order of the Collector, i.e., restoring the order dated 21't May, 2008 of the Tehsildar recalling the mutation in the names of respondents No.4to 8.

¶4The learned Single Judge has by way of interim relief stayed the operation of the order dated 21't May, 2008 of the Tehsildar and the order dated 21't Febru ary, 2011 of the Financial Commissioner. The result of the said interim stay is that the order of mutation in the name of respondents No.4 to 8 and whose assignees respondents No.1 to 3 are, stands.

¶5The grievance raised by the appellant before us is that the aforesaid interim order ought not to have been made before the appellant had filed his counter affidavit to the writ petition/reply to the stay application. LPA 704/2012 Page 2 o.l'3 I

¶6It is however found that notice of the writ petition was issued to the appellant on 18tl' October, 20II for 20th December,2OII. It thus cannot be said that the appellant had no opportunity to file counter affidavit/reply. The counsel for the appellant, of course, states that thereafter vide order dated 12thJuly, 20l2,the learned Single Judge had requisitioned the records.

¶7In the circumstances aforesaid, we do not feel the need to interfere with the interim order of the learned Single Judge. Suffice it is to observe that the appellant, after filing his counter affidavit to the writ petition, shall be entitled to apply to the learned Single Judge for vacation/modification of the interim order dated 23'd August, 2012 and which application, we are confident, if filed, will be entertained in accordance with law. Save for the aforesaid observations, the appeal is disrnissed. OCTOBER 17, 2OT2 pk t\ $13.., I CHIEF'JUSTICE RAJIV SAHAI ENDLAW. J LPA 704/2012 Page 3 of3

? $-17. * IN THE HIGH COURT OF DELHI AT NEW DELHI + LPA 70412012 & C.M.NI.1802812012 (stay) KISHOR LAL ..... Appellant Through: Mr.S.K.Bansal, Adv. with Mrs.Savitri Bansal, Adv. VETSUS RAVINDER KIIMAR & ORS ..... Respondents .r Through: Ms.Marnta Tandon, Adv. for Mr.V.K.Tandon. Adv. for R-9 & 10. CORAM: IION'BLE THE CHIEF JUSTICE HON'BLE MR. JUSTICE RAJIV SAHAI ENDLAW