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* IN THE HIGH COURT OF DELHI AT NEW DELHI

+ CONT.CAS(C) 773/2022
KAMAL SIDHU ..... Petitioner
Through: Mr. Rajesh Yadav, Sr. Adv. along
with Ms. Akshita Manocha, Adv.
versus

MR NISHANT BODH ..... Respondent

Through: Mr. Anupam Srivastava, ASC along
with Mr. Varun Mishra, Adv.

CORAM:
HON'BLE MR. JUSTICE SACHIN DATTA
ORDER
% 27.07.2022
CM APPL.32689/2022 (Exemption)
Allowed, subject to all just exceptions
Application stands disposed of.
CONT.CAS(C) 773/2022 and CM APPL.32688/2022 (Stay)
1. The present petition has been filed alleging wilful disobedience of the
order dated 02.05.2022 passed by this court in W.P. (C)6902/2022. The
operative directions in the said order are as under:
“In the circumstances, in view of the verdict in Smt. Sushma
Kapoor (Supra) and the submissions made on behalf of the
respondents No.1 and 2 by the learned counsel present
categorically not opposing the prayer made by the petitioner, the
restraint order dated 7.12.2021 of the SDM/RA, Kapashera,
bearing No. F.SDM/KH/Misc.(R.O.)/2021/70611 and the Notice
LR-48, in Case No. 49/82/2021/1496 dated 27.12.2021 under
Section 81 of the Delhi Land Revenue Act and the proceedings
initiated in relation thereto as indicated vide the proceedings

Signature Not Verified

Digitally Signed
By:RADHA BISHT
Signing Date:02.08.2022
16:48:24
 dated 11.3.2022 and 21.3.2022 in respect of the petitioner's land
bearing Khasra Nos. 12/20/2 (3-06), 12/2111 (2-0), 13/16 (4- 16),
13/17/1 (0- 02), 13/24/2 (0-02) and 13/25/1 (1-19), situated in
Village Badusarai, District South-West, New Delhi pursuant to
which the petitioner has placed on record two Sale Deeds placed
on record as Annexure P-6 ( colly) qua which the copy of the
Khasra Girdawari showing the petitioner in the column of
Khatedar also and the factum that the impugned notices have been
issued to the petitioner with a non-opposition on behalf of the
respondent nos. 1 and 2, the proceedings initiated in respect of the
petitioner's land bearing Khasra Nos. 12/20/2 (3-06), 12/2111 (2-
0), 13/16 (4- 16), 13/17/1 (0- 02), 13/24/2 (0-02) and 13/25/1 (1-
19), situated in Village Badusarai, District South-West, New
Delhi, vide notice in LR-48 dated 27.12.2021, bearing case No.
49/82/2021 titled "Gaon Sabha Badusarai V s. Kamal Sidhu", are
quashed and the restraint order dated 7.12.2021 issued by the
SDM/RA, Kapashera, vide the notification F.SDMIKH/Misc.
(R.0)/2021/70611 are thus set aside and all consequential
proceedings emanating therefrom are also set aside.”

2. It is the contention of learned senior counsel for petitioner that in

compliance with the aforesaid directions on 13.06.2022, the concerned SDM
passed an order which records as under:
“4. In the view of above mentioned order, the current case u/s 81
D LR Act is hereby dropped by this Court.”

3. However, the petitioner’s grievance is that despite passing of the

aforesaid order, the SDM inserted a footnote in the said order which reads as
under:
“-However, during the preparation of order itself it came to the
notice of undersigned that the case is being pursued in higher
court, a notice of the same received in the RA/SDM office.
- Fresh notice to parties may be sent again.”

Signature Not Verified

Digitally Signed
By:RADHA BISHT
Signing Date:02.08.2022
16:48:24
 4. It is, therefore, contended that the proceedings have been revived by
the SDM and subsequently, fresh notice dated 13.06.2022 has been issued to
the petitioner despite directions of this court dated 02.05.2022.
5. Learned counsel for the respondent appears on advance notice and
submits that the aforesaid action of the SDM was a result of some
misconception /misunderstanding. He further assures that the SDM will not
proceed with the matter in line with the directions contained in the order
dated 02.05.2022, and that the notice dated 13.06.2022 issued to the
petitioner shall be recalled forthwith.
6. The above assurance of learned counsel for respondent is taken on
record.
7. Accordingly, the present petition stands disposed of.

SACHIN DATTA, J
JULY 27, 2022/cl

Signature Not Verified

Digitally Signed
By:RADHA BISHT
Signing Date:02.08.2022
16:48:24