Delhi High Court - Orders
Pran Nath Chawla vs Office Of District Magistrate, ... on 18 February, 2022
Author: Yashwant Varma
Bench: Yashwant Varma
$~5
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(C) 13842/2021
PRAN NATH CHAWLA ..... Petitioner
Through:
Mr. Amit Bhagat and Ms. Arzoo Raj,
Advs.
versus
OFFICE OF DISTRICT MAGISTRATE, DISTRICT SOUTH &
ORS. ..... Respondents
Through: Ms. Hetu Arora Sethi, Adv. for
respondent Nos.1 to 3.
Ms. Samvartika Pathak Adv. for
respondent No. 5.
CORAM:
HON'BLE MR. JUSTICE YASHWANT VARMA
ORDER
% 18.02.2022
[VIA VIDEO CONFERENCING]
The sole prayer which is addressed on this writ petition is for the respondents being commanded to undertake an exercise of demarcation in respect of Khasra No. 74/2 situated in the urbanized village of Jia Sarai.
Pursuant to the orders passed in this writ petition, a counter affidavit has also been filed by the respondent No.5. From a reading of that affidavit as well as the disclosures made in the writ petition, there appears to be a serious civil dispute between the petitioner and the respondent Nos. 4 & 5.
Notwithstanding that dispute which relates to the Khasra in question and bearing in mind the fact that the writ court would clearly not be the appropriate forum to go into or rule on these issues and the disputed questions of fact which arise, the ends of justice would warrant this petition being disposed of with a direction to the competent authority to duly attend Signature Not Verified Digitally Signed By:RAJENDER SINGH KARKI Signing Date:19.02.2022 17:35:06 to the application for demarcation stated to have been made by the petitioner here and dispose of the same in accordance with law. The competent authority would also be obliged to afford an opportunity of hearing to respondent Nos. 4 & 5 before commencing the exercise of demarcation.
Ms. Sethi, learned counsel representing the respondent Nos. 1 to 3 states that subject to verification of all facts and contentions on merits being kept open, the application for demarcation shall be duly taken up for consideration by the competent authority bearing in mind the observations made hereinabove and disposed of in accordance therewith with expedition and with due notice to all concerned parties. The statement so made is recorded and accepted.
Accordingly, the writ petition consequently stands disposed of.
YASHWANT VARMA, J.
FEBRUARY 18, 2022/neha Signature Not Verified Digitally Signed By:RAJENDER SINGH KARKI Signing Date:19.02.2022 17:35:06