New Delhi: The Delhi High Court has pulled
up a Sub-Divisional Magistrate (SDM) for "abuse of his power"
by passing an order in a hurry without giving any notice to
the concerned parties in a land dispute case saying he
conducted in a "corrupt manner".
"The parties were all along contesting rights over the
land in various courts. However, the SDM, in patent abuse of
his power, conducted the proceedings on 17th December, 2009,
late at night, in the absence of the petitioner. When he
learnt, he went to the SDM but he was not allowed to
participate in the proceedings and in gross misuse of his
power passed the order," said Justice Shiv Narayan Dhingra in
a recent order.
Setting aside the December 2009 order passed by Vivek
Tripathy, SDM, Vasant Vihar, Justice Dhingra expressed his
anguish and said "it is most unfortunate that an SDM holding a
responsible post in executive could have acted in such a
corrupt manner that he could pass an order without caring for
the orders passed by his predecessor in respect of the same
The court said the SDM`s senior had passed an order in
favour of Sanjeev Kumar Sharma after withdrawing 14 biswas
excess land from K Puri, late father of Usha Puri, petitioner,
in Bijwasan village.
"The present SDM in teeth of this order of his
predecessor still passed the impugned order....The act of the
SDM on the face of it is purely a malafide act as he had not
taken into consideration the judgement passed by this court
and the order passed by his Consolidated Officer and his own
ADM that there was an excess land alloted to Puri and after
demarcation the land was allotted to Sharma," the court said.
Following a legal battle for several years, the 14 biswas
land was alloted to Sharma and physical possession was given
to him with the help of local police in 2001. Again, Puri had
contested the order in various forums and all went against
However, in December 2009, on an application of Puri
for repossess, the SDM passed an ex-parte order in a hurry
favouring Puri without issuing even a notice to Sharma. Later,
he declined Sharma`s plea for re-hearing of the matter.