Sh Sultan Since Deceased Thr His Lrs Vs Gaon Sabha Shikarpur — Delhi HC (2025) — LawSathi Research

Sh Sultan Since Deceased Thr His Lrs Vs Gaon Sabha Shikarpur — Delhi HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Writ petition and pending applications disposed of in terms of the respondent's counsel's statement that the pending Section 74(4) Delhi Land Reforms Act proceedings will be disposed of within eight months; no further directions sought; disposal without prejudice to the rights and contentions of the parties.

Issue for consideration

Whether the High Court should direct the SDM/Revenue Assistant to decide, within a stipulated period, the petition under Section 74(4) of the Delhi Land Reforms Act filed by the deceased petitioner for declaration of bhoomidary rights in respect of Khasra No. 4/23/1, Village Shikarpur, the proceedings having remained pending for over thirty years.

Court's answer

The writ petition, alongwith pending applications, is disposed of in terms of the learned Panel Counsel's submission (recorded after taking instructions on advance notice) that the pending Section 74(4) proceedings will be disposed of within a period of eight months, no further directions being sought, and without prejudice to the rights and contentions of the parties.

Key takeaways

The entertainment of the writ petition does not decide the question of substitution of the petitioners in place of the deceased applicant one way or the other; the substitution applications filed before the SDM will be considered by the concerned authorities.obiter¶22

Detailed headnote1 paragraphs

Delhi High Court (Prateek Jalan, J.), order dated 07.08.2025 in W.P.(C) 11859/2025 — Legal representatives of a deceased applicant sought a writ directing the SDM/Revenue Assistant to decide, within six months, the application under Section 74(4) of the Delhi Land Reforms Act, 1954 for declaration of bhoomidary rights in respect of Khasra No. 4/23/1 measuring 4 bighas, Village Shikarpur, Delhi — proceedings pending for over thirty years. Learned Panel Counsel for the respondent/Gaon Sabha, on instructions, stated that the proceedings would be disposed of within eight months; no further directions were sought. The Court noted that the petitioners' applications for substitution in place of the deceased applicant would be considered by the concerned authorities and that entertainment of the writ petition decided nothing on that issue. Petition and pending applications disposed of in terms of the statement, without prejudice to the rights and contentions of the parties.

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IN THE HIGH COURT OF DELHI AT NEW DELHI

- W.P.(C) 11859/2025 and CM APPL. 48434/2025, CM APPL. 48435/2025, CM APPL. 48436/2025

SH SULTAN SINCE DECEASED THR HIS LRS .....Petitioners Through: Mr. Praveen Suri, Advocate.

versus

GAON SABHA SHIKARPUR .....Respondent Through: Mr. Manashwy Jha, Panel Counsel (Civil).

CORAM: HON’BLE MR. JUSTICE PRATEEK JALAN

O R D E R % 07.08.2025

Issue notice. Mr. Manashwy Jha, learned Panel Counsel, accepts notice on behalf of the respondent.

By way of the present petition, the petitioners seek the following

reliefs:-

“(a) To call for the records of the petition filed by the deceased petitioner, late Shri Sultan before SDM/ Revenue Asstt., Punjabi Bagh, New Delhi for declaring the bhoomidary rights in respect of Khasra No. 4/23/1 measuring 4 bighas situated in the revenue estate of Village: Shikarpur, Delhi under Section 74(4) of the Delhi Land Reforms Act.

(b) To give directions to the Ld. Court of S D M / Revenue Assistant in respect of the petition filed by the deceased petitioner, late Shri Sultan for declaring the bhoomidary rights in respect of Khasra No. 4/23/1 measuring 4 bighas situated in the revenue estate of Village: Shikarpur, Delhi under Section 74(4) of the Delhi Land Reforms Act to decide the matter within a span period of 6 months or as this Hon’ble Court may deem it fit and proper in the facts and circumstances of the case.

(c) Costs of the present petition be also awarded in favour of the Petitioners and against the Respondent.

(d) Any other order as may be deemed fit and proper in view of

W.P.(C) 11859/2025 Page 1 of 2

This is a digitally signed order.

The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 11/08/2025 at 12:42:34

the aforesaid facts and circumstances may also be passed in favour of the Petitioners and against the Respondent.”

It is the contention of the petitioners that proceedings filed by their predecessor in interest before the Sub-Divisional Magistrate, Kapashera [“SDM”], under Section 74 (4) of the Delhi Land Reforms Act, 1954, remain pending for over thirty years.

Mr. Jha has taken instructions on advance notice, and submits that the proceedings will be disposed of within a period of eight months from today. No further directions are sought in this writ petition.

Mr. Praveen Suri, learned counsel for the petitioners, points that the petitioners have also filed applications before the SDM for substitution in place of the deceased applicant. Those applications will also be considered by the concerned authorities. The entertainment of this writ petition by this Court does not decide the issue one way or the other.

The writ petition, alongwith pending applications, is disposed of in terms of the above submission, without prejudice to the rights and contentions of the parties.

PRATEEK JALAN, J

AUGUST 7, 2025 UK/KA/

W.P.(C) 11859/2025 Page 2 of 2

This is a digitally signed order.

The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 11/08/2025 at 12:42:34