Delhi High Court Imposes ₹10K Costs On Litigant Claiming Ownership Of Territory Between Ganga & Yamuna From Agra To Gurugram

The Delhi High Court yesterday imposed costs of Rs. 10,000 on one Kunwar Mahendra Dhwaj Prasad Singh who claimed property rights on the territory of Agra, running between rivers Yamuna and Ganga, to Meerut and other places including 65 revenue estates of Delhi, Gurugram and Uttarakhand.

Justice Subramonium Prasad dismissed Singh's plea seeking a direction on the Union Government to adopt the process of merger, accession or enter into treaty with him for his claimed territory and pay the due compensation to him.

Singh claimed to be a successor and heir of the Beswan family. He also sought a direction on the Union Government not to conduct election for Lok Sabha, Rajya Sabha, Assemblies, Local Bodies within the territories claimed by him, without following the due process of law for merger.

“This Court is of the opinion that the writ petition is completely misconceived. The claims raised by the Petitioner in the present Writ Petition cannot be gone into or adjudicated in a writ petition,” the court said while dismissing the plea with costs.

Justice Prasad said that Singh had filed only certain maps which do not indicate the existence of Beswan family.

The petition to say the least is exceedingly vague, the court said.

It added that Singh had only filed some maps, historical accounts, which do not indicate any existence of the Beswan family or existence of his right.

“The judgments, extracts from Wikipedia report, documents of political integration of India, Instrument of Accession also do not substantiate the case of the Petitioner,” the court said.

Observing that the writ petition is nothing but an abuse of the process of law and complete waste of judicial time, the court ordered:

“In view of the above, this Court is inclined to dismiss the writ petition by imposing costs of Rs.10,000/- on the Petitioner. Let the costs be deposited by the Petitioner with the Armed Forces Battle Casualties Welfare Fund within a period of four weeks from today.”

Singh said that he is the only surviving son of the four sons of Raja Thakur Mat Matang Dhwaj Prasad Singh and claimed to be the present Ruler of the Beswan Avibhajya Rajya.

He further claimed that the Beswan Avibhajya Rajya as on date holds the status of a Princely State and the Beswan family holds the territories of United Provinces of Agra running between river Yamuna and Ganga from Agra to Meerut, Aligarh, Bulandshahar and other territories.

Justice Prasad observed that Singh had to substantiate his contentions by taking appropriate proceedings, lead documentary and oral evidence and prove his case and writ petition was not the remedy for the relief as claimed by him.

“Writ courts cannot enter into a field of investigation which is more appropriate for the Civil Court in a properly contested suit. Questions of fact which require determination, where rival claims of the parties have to be decided, which are purely factual, can be adjudicated in a properly instituted suit and the proceedings under Article 226 of the Constitution of India is not the proper remedy,” the court said.

Notably, Singh last year moved an intervention application before Saket Court in connection with the appeals seeking restoration of alleged temples in Qutub Minar complex. He claimed territorial right over the land where the complex is situated.

The said application was dismissed by the Additional District Judge.

Title: KUNWAR MAHENDER DHWAJ PRASAD SINGH v. UNION OF INDIA

Citation: 2023 LiveLaw (Del) 1308

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