‘Shocking…every file is missing’: Delhi HC expresses concern at missing files on land dispute order
The Delhi High Court has directed that the additional district magistrate of the South West district and other officials should appear in court for the next hearing on April 10.
In another matter listed in January, the high court had expressed its concern at the large volume of documents and land records which allegedly went missing from the sub-registrar’s office in the national capital. (File) Expressing dismay that files have been missing in the district magistrate’s office, the Delhi High Court Monday directed the additional district magistrate (ADM) of South West district and other officials to appear in court, in a plea moved by a man seeking certified copies of an order passed February last year in a land dispute.
A single judge bench of Justice Prathiba Singh was hearing the petitioner Iqbal Singh, who sought a direction that certified copies of the order passed by the ADM, Kapashera, South West, on February 28, 2022, in a case where he was a party be provided to him. It is his case that despite repeated visits to the ADM’s office and written representations, certified copies have not been issued.
When the court was informed by the Delhi government that the office concerned has not been able to trace the file, the high court said that the present ADM, South West, Balram Meena, will be present in court on the next date of the hearing.
“This is just shocking…I don’t know what is happening, every file is missing,” the high court said.
The petitioner’s advocate Udaibir Singh Kochar informed the court that the order was reserved before the Covid-19 pandemic in 2020 and pronounced on February 28, 2022. The petitioner had applied for a certified copy in March 2022, Kochar added.
The Delhi government’s counsel referred to an affidavit filed by Meena on which Justice Singh said, “Look at his affidavit…how can it be that out of all the files only these two went missing.”
The court noted that the typed chart in the affidavit does not mention when it was consigned to the record room and sent to one Mukesh Patwari, stated to be the record keeper at the Kapashera in the ADM’s office. At this point, the bailiff from the ADM’s office said in court that one Manoj Kumar was the patwari then.
The high court, thereafter, directed that current ADM Balram Meena, the ADM who passed the order irrespective of wherever they are posted, Patwari whose name is in the affidavit, and Manoj Kumar be present in court on the next date of hearing. The court further directed that the officials should carry the original file that is the subject matter of the petition. The court also directed that the original despatch document shall also be produced, listing the matter on April 10.
According to the plea, certain proceedings were initiated in 2002 under the Land Reforms Act. Upon the concerned patwari’s report, the concerned authority vested the land in question to the Gaon Sabha. In an appeal, the case was remanded back to the authority concerned in August 2002. Thereafter, in September 2002, after a fresh report of the patwari concerned, the authority concerned dropped the proceedings under the Land Reforms Act with respect to one of the khasras.
This was challenged in an appeal by the Bijwasan Gaon Sabha before the court of the additional district magistrate, Kapashera, where Iqbal Singh was made a respondent. Between 2002-2022, the matter was pending. The orders were reserved on March 23, 2020, and pronounced in February last year. The plea states that after the relaxation of Covid restrictions, no fresh notice was issued to the parties. When the petitioner visited the office in the fourth week of March last year, he found out that the order had been pronounced.
In another matter listed in January, the high court had expressed its concern at the large volume of documents and land records which allegedly went missing from the sub-registrar’s office in the national capital. Expressing her shock at the volume of “missing documents”, Justice Prathiba Singh had then said, “This is very very shocking. I may direct a CBI enquiry in this matter. It is not possible that a truckload of documents from the sub-registrar’s office can go missing like this”. She observed that the issue cannot be treated in a cavalier manner as it proves that the documents were not kept in safe custody.
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