Agam Sood vs Deputy Commissioner Central on 5 September, 2023

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Delhi High Court - Orders

Agam Sood vs Deputy Commissioner Central on 5 September, 2023

Bench: Anup Jairam Bhambhani

                                    $~70

                                    *           IN THE HIGH COURT OF DELHI AT NEW DELHI

                                    +           W.P.(C) 11758/2023

                                                AGAM SOOD                                                                      ..... Petitioner
                                                             Through:                                         Mr. Deepak Khosla, Advocate.
                                                             versus
                                                DEPUTY COMMISSIONER CENTRAL              ..... Respondent
                                                             Through: Mr. Prashant Manchanda, ASC with
                                                                        Mr. Angad Singh, Ms. Nancy Shah,
                                                                        Mr. Diwakar and Ms. Khushboo
                                                                        Toomer, Advocates..
                                                CORAM:
                                                HON'BLE MR. JUSTICE ANUP JAIRAM BHAMBHANI
                                                             ORDER

% 05.09.2023 CM APPL. 45933/2023 Exemption granted, subject to just exceptions. Let requisite compliances be made within 01 week. The application stands disposed of.

W.P.(C) 11758/2023 & CM APPL. 45932/2023 (for interim relief) By way of the present petition filed under Article 226 of the Constitution of India, the petitioner seeks quashing of proceeding arising from a reference under section 84(3) of the Punjab Tenancy Act 1887, whereby vide order dated 11.07.2017 in Case No. 200/2011 titled Shiv Kumar Seth & Others vs. Rakesh Sood & Others, the Financial Commissioner has answered the reference under section 84(4) of the Punjab Tenancy Act 1887, and has remanded the matter back to the Deputy Commissioner for expeditious disposal of the case.

W.P.(C) 11758/2023 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 16/09/2023 at 16:46:26

2. Mr. Deepak Khosla, learned counsel appearing for the petitioner submits that upon the coming into force of the Delhi Land Reforms Act 1954 ('DLR Act'), vide section 2 thereof, the Punjab Tenancy Act 1887, stood repealed; whereby, no further proceedings could have been carried-on by the Financial Commissioner under the repealed law. Counsel further clarifies that the action of the Financial Commissioner is not even saved by section 2(2) of the DLR Act.

3. Upon a prima-facie view of the matter, issue notice.

4. Mr. Prashant Manchanda, learned Additional Standing Counsel appearing on behalf of the respondents on advance copy, accepts notice and seeks time to file counter-affidavit.

5. Let counter-affidavit be filed within 06 weeks; rejoinder thereto, if any, be filed within 04 weeks thereafter; with copies to the opposing counsel.

6. Re-notify on 17th January 2024.

7. In view of the foregoing, further proceedings before the learned Deputy Central, Daryaganj in Case No. 200/2011 titled Shiv Kumar Seth & Others vs. Rakesh Sood & Others, shall remain stayed, till the next date of hearing.

ANUP JAIRAM BHAMBHANI, J SEPTEMBER 5, 2023 ds W.P.(C) 11758/2023 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 16/09/2023 at 16:46:26

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Delhi High Court - Orders