Delhi High Court - Orders
Braham Prakash & Ors vs Dev Dutt (Now Deceased) & Ors on 6 October, 2023
Author: Anup Jairam Bhambhani
Bench: Anup Jairam Bhambhani
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* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(C) 9047/2019, CM APPL. 48172/2022, CM APPL. 45435/2023,
CM APPL. 45436/2023
BRAHAM PRAKASH & ORS ..... Petitioners
Through: Mr. Pushpendu Shukla, Mr. K.C.
Dubey and Mr. Abhishek Tyagi,
Advocates.
versus
DEV DUTT (NOW DECEASED) & ORS ..... Respondents
Through: Mr. Mohit Tyagi, Advocate for R-1.
Mr. Rishikesh Kumar, ASC-GNCTD
with Mr. Sudhir, Mr. Sudhir Shukla,
Mr. Sumit Choudhary and Ms.
Sheenu Priya, Advocates for R-29
and R-30.
CORAM:
HON'BLE MR. JUSTICE ANUP JAIRAM BHAMBHANI
ORDER
% 06.10.2023 CM APPL. 48171/2022 (for restoration of writ petition) CM APPL. 48172/2022(for condonation of 246 days delay in filing restoration application) CM APPL. 45435/2023(for condonation of 246 days delay in filing restoration application, with better particulars) CM APPL. 45436/2023(for condonation of 241 days delay in re- filingCM APPL. 45435/2023) In compliance of last order dated 04.09.2023, and in order to show their bona-fides, the petitioners have deposited the sum of Rs.25,000/- per application (towards each of the 04 applications) with the Registrar General of this court, towards costs that may come to be This is a digitally signed order. W.P.(C) 9047/2019 Page 1 of 4 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 10/10/2023 at 21:24:43 imposed while considering the present applications. Proof of deposit of the said amount has been placed on record.
2. Mr. Pushpendu Shukla, learned counsel appearing for the petitioners submits that by way of the writ petition, the petitioners impugn order dated 15.11.2018 passed by the learned Financial Commissioner in case bearing No.65/2017 tiled Sh. Braham Prakash vs. Sh. Dev Dutt (Now Deceased) Through his LR's, whereby the learned Financial Commissioner has declined to make appropriate corrections in the revenue records in favour of the petitioners.
3. The record shows that for one, the matter was dismissed for non-
prosecution vide order dated 17.01.2022, whereupon the petitioner filed an application seeking restoration of the writ petition which (latter) application was itself delayed. The petitioner therefore filed an application seeking condonation of 246 days' delay in filing the restoration application. However, it transpired that the condonation of delay application was bereft of requisite averments and particulars; and therefore vide order dated 11.11.2022, the petitioner was directed to file another condonation of delay application with better particulars. The fresh condonation of delay application filed by the petitioners was also delayed; and was therefore accompanied by a third application seeking condonation of 241 days' delay in filing/re- filing that fresh condonation of delay application with better particulars.
4. A perusal of the record therefore clearly shows that there is inordinate delay and evident laxity on the part of the petitioners in filing the restoration application, as well as the condonation of delay This is a digitally signed order. W.P.(C) 9047/2019 Page 2 of 4 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 10/10/2023 at 21:24:43 applications, for which the petitioners deserve to be penalized. That being said however, what is also evident from the record is that impugned order dated 15.11.2018 passed by the learned Financial Commissioner, which affects the claims of the petitioners to ownership of the subject land, has never been assessed on merits in the present proceedings.
5. From the run of events this court also perceives that the petitioners are not well-versed with the system; and if there is any merit in their grievance, their right to the subject land would be defeated without the matter ever being considered on merits. Though there is no gainsaying that one who claims a right, must also diligently pursue the remedy to protect such right, the practical realities of the petitioners pursuing legal remedies also cannot be ignored.
6. In the circumstances, despite respondent No.1 strongly opposing the present applications, since they have clearly benefitted from the impugned order and therefore do not wish to delve any further into the merits or demerits thereof, this court is inclined to allow the present applications, subject to the petitioners paying costs in the sum of Rs.01 lac to the Delhi High Court Legal Services Committee ('DHCLSC').
7. The Registry is directed to make-over the costs already deposited with Registrar General to the DHCLSC, within 02 weeks.
8. The applications stand allowed and disposed-of in the above terms.
9. The writ petition is restored to its original position number. W.P.(C) 9047/2019
10. Issue notice.
This is a digitally signed order. W.P.(C) 9047/2019 Page 3 of 4The 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 10/10/2023 at 21:24:44
11. Mr. Mohit Tyagi, learned counsel appearing for respondent No.1 and Mr. Rishikesh Kumar, learned counsel appearing for respondents Nos.29 and 30, accept notice of the restored petition; and seek time to file counter-affidavit.
12. Upon the petitioner taking requisite steps, let notice be sent to respondents Nos.2 to 28 by all permissible modes, returnable for the next date.
13. Let counter-affidavit be filed within 06 weeks; rejoinder thereto, if any, be filed within 04 weeks thereafter; with copies to the opposing counsel.
14. Re-notify before the learned Joint Registrar on 19th October 2023 for completion of service of the respondents and of the pleadings, on timelines to be set-down by the learned Joint Registrar.
15. List before court thereafter.
ANUP JAIRAM BHAMBHANI, J OCTOBER 6, 2023/ak This is a digitally signed order. W.P.(C) 9047/2019 Page 4 of 4 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 10/10/2023 at 21:24:44