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2026 DAILYLAW 14703 (DEL)

JAI CHAND v. THE LIEUTENANT GOVERNOR OF DELHI & ORS.

W.P.(C)/11533/2026 · 2026-08-12

Sanjeev Narula

Writ Petition (Civil)body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

$~79 * IN THE HIGH COURT OF DELHI AT NEW DELHI # CNR No. DLHC010370932026 + W.P.(C) 11533/2026, CM APPL. 53384/2026, CM APPL. 53385/2026, CM APPL. 53386/2026 & CM APPL. 53387/2026 JAI CHAND .....Petitioner Through: Mr. Naveen and Ms. Eesha Singh, Advocates. versus THE LIEUTENANT GOVERNOR OF DELHI & ORS. .....Respondents Through: Ms. Harshita Nathrani, Advocate on behalf of Mr. Sameer Vashisht, SC (Civil), GNCTD. CORAM: HON'BLE MR. JUSTICE SANJEEV NARULA O R D E R % 12.08.2026 1. The present petition concerns agricultural land measuring 4 Bighas 16 Biswas, comprised in Khata Khatuni No. 352/277 (508/352), Khasra Nos. 13/21/1 and 13/21/2, situated in the Revenue Estate of Village Nizampur @ Rashidpur, Delhi. 2. The Petitioner claims to have acquired rights in the subject land from late Mr. Ram Kunwar in the year 1993 on the basis of documents executed in his favour. He further asserts that he has remained in continuous cultivating possession of the land since then. Reliance is also placed upon the Khata Khatuni for the year 2003-04, which, according to the Petitioner, 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 17/08/2026 at 12:13:54 contains an entry recording the transaction in his favour. 3. There are, however, competing claims concerning the subject land. Civil Suit No. CS/1378/2017 has been instituted against the Petitioner and is presently pending before the Civil Court. By order dated 19th February, 2024, while disposing of applications moved by the parties, the Civil Court noticed that a cloud had been raised over the title asserted by the plaintiff therein and granted an opportunity to seek appropriate declaratory relief. 4. Independently of the civil proceedings, the Petitioner had approached the Revenue Assistant/SDM, Kanjhawala in the year 2016 by way of Petition No. 3413/RA/SDM/K/16 under Section 85 of the Delhi Land Reforms Act, 1954. In those proceedings, he seeks recognition of bhumidhari rights over the subject land and consequential correction of the revenue record. 5. The limited grievance requiring consideration in the present petition is that the proceedings instituted in 2016 have yet to reach a conclusion. The record indicates that reports have been called for from the Tehsildar, Kanjhawala from time to time, but no final decision has been taken. A proceeding of this nature, involving rights in agricultural land and remaining pending for nearly a decade, cannot be left at an indeterminate stage. 6. At the same time, it would not be appropriate for this Court to direct mutation of the land in favour of the Petitioner. Whether the Petitioner satisfies the requirements of Section 85, the legal effect of the documents on which he relies, the nature and duration of the possession asserted by him, and the effect, if any, of the pending civil proceedings are matters which must first be considered by the statutory authority competent to decide the pending petition. 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 17/08/2026 at 12:13:54 7. Accordingly, Respondent No. 3, Revenue Assistant/SDM, Kanjhawala, is directed to take up Petition No. 3413/RA/SDM/K/16 and bring the proceedings to a conclusion within a period of three months from today. Before doing so, the authority shall afford an opportunity of hearing to the Petitioner and to all other persons whose rights in the subject land may be affected by the decision. 8. The Revenue Assistant shall decide the proceedings on their own merits, in accordance with law, and shall also consider the effect of the pending civil proceedings and the orders passed therein, to the extent relevant. Any alteration in the revenue record shall follow only in accordance with the final determination so made and the applicable law. 9. It is clarified that this Court has expressed no opinion on the Petitioner’s claim to title, possession or bhumidhari rights, or on the rights asserted by any other party in respect of the subject land. 10. The petition, along with the pending application(s), is disposed of in the above terms. SANJEEV NARULA, J AUGUST 12, 2026/hc 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 17/08/2026 at 12:13:54