Ram Mehar Singh v. Gnct and Ors.
Case brief
What is this about?
In a revision petition challenging the deletion of excess land, the Hon'ble Court held that allotted plots cannot claim excess land collectively based on joint ownership of the holders.
What did the court decide?
The petition for revision challenging the deletion of 3 Biswas of excess land was dismissed; the Financial Commissioner's decision and remand direction were left intact.
What the court decided
Signature Not Verified Digitally Signed By:AM UL YA
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Officer. The SettlementOfficervide order impugned before the Financial Commissionerhad directed deletion / withdrawalof 3 Biswas of land allotted to thepetitioner in excess of his entitlement duringthe consolidation proceedings.
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Z.' It is the case of thepetitioner that he along with his two brothers were the Bhumidhars ofthe land in village Khera Kalan, Delhi; that on re-partition, they wereallotted residentialplots No.106/60admeasuring 2 Bighas and 2 Biswas,10616I admeasuring2 Bighas and 5 Biswasand 106/65 admeasuri^g 2 Bighasarrd 2 Biswas.The SettlementOff,rcer finding that the entitlementof the Bhumidhars was of 2 Bigh as and 2 Biswas only, found the landin itotNo.106/61to be in excess by 3 Biswas and accordioglydirectedits deletion.
- The contention of the petitionerbefore the FinancialCommissioner
and also before this Courtwas/isthat the Khataof the petitioner andhis two brothers wasjoint and each ofthe aforesaid plots was allotted in their joint Khata only and they together were the Bhumidhars having1/3'd share in each of the threeplots; that underthe ConsolidationSchemean excess of upto 2 Biswas to each of Bhumidhqrwas to be ignored;that w.P.(q2ns/20rr Page2 ofS
Issues for consideration
2 issues framed by the court
Whether the joint entitlement of the petitioner and his two brothers to excess land of 6 Biswas collectively justifies the deletion of 3 Biswas separately from one of the three allotted plots.
Whether the Financial Commissioner's direction to authorities to inquire into separate joint entitlement is a maintainable subject for challenge in the present petition.
Parties & counsel
- petitioner
Petitioner
- other
Two Brothers
Coram
RAJIV SAHAI
Case details
As recorded by the court registry
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