Petitioner sought restraining order against government respondents regarding possession of land. Court noted land is sub-judice before Revenue Assistant and disposed of petition without granting relief.
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..... Petitioner
Through Mr.Ketan Malhotra, Advocate.
versus
GOVT. OF NCT DELHI & ORS
..... Respondents Through Mr.Naushad Ahmed Khan, ASC and Ms.Ashtha Nigam, Advocate for R-1
CORAM:
HON'BLE MS. JUSTICE INDERMEET KAUR
O R D E R % 19.07.2016
Petitioner is aggrieved; the prayer made in the petition has been perused. The prayer is to the effect that respondent nos.2 and 3 should be restrained from raising any boundary wall around the land of the petitioner and not to take forcible possession of the land which is comprised in Khasra no.20/9 (208) Situated at Village Salahpur Majra Dabas, Delhi without following due process of law.
Learned counsel for the respondent no.1 on advance notice has put in appearance. His submission is that this land does not belong to the petitioner; it is a Gaon Sabha land. Khasra Girdwari to the said effect has been shown to the counsel for the petitioner and the same
has also been perused by this Court. This substantiates the submissions of the respondent. This Court has been informed that the proceedings before the Revenue Assistant have been dismissed in default and an application for restoration is now pending before him.
The prayer in the present petition cannot be answered in view of the fact that the matter is already sub-judice before the Revenue Assistant who shall decide the matter in accordance with law and will answer the averments made in the present petition in case they are encompassed in the application made before the Revenue Assistant.
No further orders are called for in this petition. Petition stands disposed of.
INDERMEET KAUR, J
JULY 19, 2016 ndn
1 issue framed by the court
Whether the petitioner can be restrained from erecting boundary wall or taking forcible possession of the land pending pendency of revenue proceedings
NAFE SINGH
GOVT. OF NCT DELHI
INDERMEET KAUR
As recorded by the court registry
A petition under Article 226 of the Constitution asking a High Court to issue a writ against the State or a public authority in a civil matter.
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