Delhi High Court - Orders
Pritam Singh & Anr vs Govt Nct Of Delhi & Ors on 31 January, 2022
Author: V. Kameswar Rao
Bench: V. Kameswar Rao
$~69
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(C) 1795/2022, CM Nos. 5151/2022 & 5152/2022
PRITAM SINGH & ANR. ..... Petitioners
Through: Mr. Nittin Bhatia, Adv.
versus
GOVT NCT OF DELHI & ORS. ..... Respondent
Through: Ms. Shobhana Takiar, ASC for
R-1 & R-2/GNCTD
CORAM:
HON'BLE MR. JUSTICE V. KAMESWAR RAO
ORDER
% 31.01.2022 This matter is being heard through video-conferencing. CM No. 5152/2022 (for exemption) Exemption allowed subject to all just exceptions. Application stands disposed of.
W.P.(C) 1795/2022, CM No. 5151/2022
1. This petition has been filed by the petitioners with the following prayers:
"It is, therefore, respectfully prayed that the Hon'ble Court be pleased to:
a.) Issue a Writ of Certiorari and / or any other appropriate writ and / or direction, quashing the Eviction Notice dated 10.01.2022 passed by Respondent No. I;
b.) Issue appropriate writ, direction or orders directing the Respondents not to get the portion in the occupation of the Petitioners in the Property vacated during the pendency of the Appeal filed by the Petitioners before Court of Hon'ble Divisional Commissioner, West (Appeal), Civil Lines, Delhi; and Signature Not Verified Digitally Signed By:ANIL KUMAR YADAV Signing Date:31.01.2022 23:06:22 c.) Pass such other or further orders as this Hon'ble Court may deem fit and proper in the facts of the, present case."
2. Suffice to state that the impugned notice dated January 10, 2022 is an eviction notice pursuant to the orders passed by the District Magistrate on December 06, 2019 ordering the petitioners namely Pritam Singh and Asha Rani to vacate the property T-657, Gali No.21, Hanuman Mandir, Baljeet Nagar, New Delhi-110008 within 30 days.
3. Mr.Nittin Bhatia, learned counsel appearing for the petitioners has drawn my attention to the last paragraph of the eviction notice where the petitioners have been called upon to vacate the property today, i.e., January 31, 2022.
4. The submission of Mr.Bhatia is that the appeal filed by the petitioners is still pending consideration before the Appellate Authority and hence, the petitioners should be allowed to continue in the property in question. The plea is unmerited. I have been informed that the Appellate Authority had rejected the application for stay of the petitioners.
5. At this stage, Mr.Bhatia states that the petitioners be granted sometime to vacate the property in question.
6. Noting the said submission, the petitioners shall vacate the property in question on or before February 14, 2022. After the petitioners vacate the property, learned counsel for the petitioners is at liberty to seek early disposal of the appeal, which shall be decided, without being influenced by this order, whereby I have not interfered with the eviction notice.
7. The writ petition is disposed of.
V. KAMESWAR RAO, J JANUARY 31, 2022/aky Signature Not Verified Digitally Signed By:ANIL KUMAR YADAV Signing Date:31.01.2022 23:06:22