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2007 (4) TMI 778

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..... judgment and order passed by the High Court of Delhi on April 25, 2003 in Civil Writ No. 4560 of 1998. By the said order, the High Court confirmed the order passed by Revenue Authorities by which the name of respondent No. 5 was mutated in the Revenue Records. 3. Shortly stated the facts are that one Data Ram was the common ancestor of the appellants as also respondent No. 5. He was the owner of agricultural land admeasuring 216 Bighas and 19 Biswas comprised of several Khasra numbers, situated in the Revenue Estate of village Bawana, Delhi. Data Ram died in the year 1948. He was survived by six sons and two daughters; three sons and one daughter from the first wife and three sons and one daughter from the second wife. Ratni Devi was a .....

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..... respondent No. 5 in khatauni on March 19, 1997. As soon as the appellants came to know about the fact of mutation entry in Revenue Records in favour of respondent No. 5, they preferred an appeal to Collector, North District, Kanjhawala, Delhi. The appeal, however, was dismissed. A further appeal before the Financial Commissioner, Delhi also met with the same fate. A Writ Petition to the High Court of Delhi being C.W.P. No. 4560 of 1998 was, therefore, filed by the appellants. It was also dismissed as observed earlier, against which the appellants have approached this Court. 4. It was also the case of the appellants that in 1997- 98, certain lands were acquired by the Government under the Land Acquisition Act, 1894 and an award No. 1 of 1 .....

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..... vocate Satbir Singh Gulia and filed a complaint in the Bar Council of Delhi for his misconduct. The appellants, therefore, have prayed that appropriate order be passed by this Court setting aside the orders passed by the Authorities by deleting the name of respondent No. 5 which had been wrongfully entered in Record of Rights, by directing the Authorities to afford opportunity of hearing to the appellants and to take appropriate action in accordance with law. A prayer is also made to order respondent No. 5 to deposit the entire amount received by him under the award with interest. 6. On April 1, 2004, when the matter was placed for admission hearing, limited notice was issued on the question whether the original mutation was done upon n .....

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..... entered in Record of Rights on the basis of the Will said to have been executed by Ratni Devi. In our opinion, therefore, it cannot be said that by entering the name of respondent No. 5 in Revenue Records, any illegality had been committed by Tehsildar. It is true that no notice was issued to the appellants but the Tehsildar had taken the action on the basis of Will said to have been executed by deceased Ratni Devi in favour of respondent No. 5. The said order has been confirmed by the Collector as also by Financial Commissioner. When the grievance was made against the said action by filing a Writ Petition, the High Court also confirmed all the orders passed by Revenue Authorities under the Act. We see no infirmity so far as that part of th .....

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