Delhi High Court - Orders
Jagdish Tytler vs The Estate Officer & Ors on 22 February, 2022
Author: Yashwant Varma
Bench: Yashwant Varma
$~4
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(C) 1699/2022, CM APPLs. 4904/2022 & 6491/2022
JAGDISH TYTLER ..... Petitioner
Through: Mr. Arunabh Chowdhary, Mr.
Abhishek Roy, Mr. Karma Dorjee,
Ms. Barnali, Mr. Aniruddha Sethi,
Advs.
versus
THE ESTATE OFFICER & ORS. ..... Respondents
Through: Mr. Anil Soni, CGSC for UOI.
Mr. Sameer Vashisht, ASC with Ms.
Sanjana Nangia, Adv.
CORAM:
HON'BLE MR. JUSTICE YASHWANT VARMA
ORDER
% 22.02.2022
[VIA VIDEO CONFERENCING]
1. This petition has been preferred seeking the following reliefs: -
" (a) issue a writ of Mandamus or any other writ, direction or order in the nature of Mandamus directing the Respondents to forthwith furnish/supply copies of (i) the purported order dated 17.11.2014 (not supplied to the Petitioner) passed by the Respondent No.1 for payment of Rs.14,68,970/- as referred in the order dated 26.02.2021 (received on 26.09.2021 by Petitioner) along with the copy of proceedings culminating in the passing of the order dated 17.11.2014(not supplied to the Petitioner); (ii) the order (not supplied to the Petitioner) passed by the Respondent No.1 ex-parte disposing of the Show Cause Notices dated 09.11.2020 and 18.12.2020 against the Petitioner; (iii) the Directorate of Estate, New Delhi letter dated, 15.02.2021(not supplied to the Petitioner) seeking withdrawal of the DRC case DRC/06/AD/LIT/2020/LOMP filed vide letter dated 01.07.2020; (iv) the Recovery Certificate dated 23.02.2021 (not supplied to the Petitioner)issued by the Respondent No.1 in the Case No. Signature Not Verified Digitally Signed By:BHAWNA Signing Date:23.02.2022 13:59:43 DRC/50/AD/LIT/2011/Ex-MP & DRC/10/AD/LIT/2011/Ex-MP; so as to enable the Petitioner to take recourse to appropriate proceedings available under the law to assail the impugned actions of the Respondents;
(b) issue a writ of Mandamus or any other writ, direction or order in the nature of Mandamus declaring and adjudging the actions of the Respondent No. 1 in not issuing any notice to the Petitioner in the purported proceedings initiated under the Public Premises (Eviction of Unauthorised Occupants) Act, 1971 culminating in the purported order dated 17.11.2014(not supplied to the Petitioner) and its actions of not furnishing and not supplying (despite repeated requests) the copies of (1) the purported order dated 17.11.2014(not supplied to the Petitioner) passed by the Respondent No.1 for payment of Rs. 14,68,970/- as referred in the order dated 26.02.2021 (received on 26.09.2021 by Petitioner) along with the copy of proceedings culminating in the passing of the order dated 17.11.2014(not supplied to the Petitioner); (ii) the order passed by the Respondent No.1 ex- parte disposing of the Show Cause Notices dated 09.11.2020 and 18.12.2020 against the Petitioner; (i) the Directorate of Estate, New Delhi letter dated 15.02.2021(not supplied to the Petitioner) seeking withdrawal of the DRC case DRC/06/AD/LIT/2020/LOMP filed vide letter dated 01.07.2020; (iv) the Recovery Certificate dated 23.02.2021 (not supplied to the Petitioner)issued by the Respondent No.1 in the Case No. DRC/50/AD/LIT/2011/Ex-MP & DRC/10/AD/LIT/2011/Ex- MP; is arbitrary, contrary to the provisions of the Public Premises (Eviction of Unauthorised Occupants) Act, 1971 and the Rules framed there under and hence. gal, unconstitutional, null and void and in gross violation of the principles of natural justice and accordingly quash the proceedings initiated against the Petitioner under the Public Premises (Eviction of Unauthorised Occupants) Act, 1971 and all proceedings emanating therefrom.
IN THE ALTERNATIVE TO PRAYERS a) & b) ABOVE:
(c) Issue a writ of Certiorari or any other writ, direction or order calling for the records of the case arising out of the ex-parte proceedings culminating in the order dated 17.11.2014 (not supplied to the Petitioner)presumably passed by the Respondent No.1 purportedly under Section 7 of the Act of 1971 and after perusing the same, this Hon'ble Court be pleased to quash/set aside the ex-parte order dated 17.11.2014 (not supplied to the Petitioner)issued by the Respondent No.1 and all proceedings arising therefrom, as illegal, unconstitutional and in gross violation of the principles of natural justice;
(d) issue a writ of Certiorari or any other writ, direction or order calling for the records of the case arising out of the Show Cause Signature Not Verified Digitally Signed By:BHAWNA Signing Date:23.02.2022 13:59:43 Notice dated 09.11.2020 bearing reference no.
DRC/B/AD/LIT/2020/LOMP and the Show Cause Notice dated 18.12.2020 bearing reference no. DRC/B/AD/LIT/2020/LOMP issued by the Respondent No.1 in purported exercise of powers under Section 7(3) of the Public Premises (Eviction of Unauthorised Occupants) Act, 1971 and after perusing the same, this Hon'ble Court be pleased to quash/set aside the Show Cause Notice dated 09.11.2020 bearing reference no. DRC/S/AD/LIT/2020/LOMP and the Show Cause Notice dated 18.12.2020 bearing reference no.
DRC/S/AD/LIT/2020/LOMP issued by the Respondent No.1 and all proceedings arising therefrom, as arbitrary, illegal, in gross violation of the principles of natural justice and unconstitutional issue a writ of Certiorari or any other writ, direction or order quashing/selling aside the order (not supplied to the Petitioner) passed by the Respondent No 1 ex-parte deciding the Show Cause Notice dated 09.11.2020 bearing reference no. DRC/B/AD/LIT/2020/LCP and Show Cause Notice dated 18.12.2020 bearing reference no, DRC/B/ADYLIT/2020/LOMP against the Petitioner, as arbitrary, in gross violation of the principles of natural justice, the provisions of the Public Premises (Eviction of Unauthorised Occupants) Act, 1971 and unconstitutional;
(e) issue a writ of Certiorari or any other writ, direction or order quashing/setting aside the order dated 26.02.2021 passed by the Respondent no.1 received by the Petitioner on 26.09.2021 ex-parte allowing the Department's request dated 15.02.2021 (not supplied to the Petitioner) for withdrawal of DRC case filed vide letter dated 01.07.2020 with liberty to the Department to file for damages if any against the Petitioner due after recovery of damages as assessed by the Respondent No.1 vide order dated 17.11.2014(not supplied to the Petitioner), as arbitrary, in gross violation of the principles of natural justice, the provisions of the Public Premises (Eviction of Unauthorised Occupants) Act, 1971 and unconstitutional;
(f) issue a writ of Certiorari or any other writ, direction or order quashing/setting aside the and the Recovery Certificate dated 23.02.2021(not supplied to the Petitioner) issued by Respondent No. 1 in Case No. DRC/50/AD/LIT/2011/EX-MP & DRC/10/AD/LIT/2011/EX-MP pursuant to the order ex-parte deciding the Show Cause Notices dated 09.11.2020 and 18.12.2020 against the Petitioner as arbitrary, gross violation of the principles of natural justice, the provisions of the Public Premises (Eviction of Unauthorised Occupants) Act, 1971 and unconstitutional.
(g) issue a writ of Certiorari or any other writ, direction or order quashing/ setting aside the Demand Notices(i) No. TEH/KH(SW)/096642751/2021/16958 DATED 16.03.2021 Signature Not Verified Digitally Signed By:BHAWNA Signing Date:23.02.2022 13:59:43
(ii)NO.TEH/KH(SW)/096642751/2021/53519 20.09.2021 (iii) DATED NO.TEH/KH(SW)/096642751/2021/2036 DATED 10.01.2022 issued by the Respondent No.2 against the Petitioner as illegal, arbitrary and unconstitutional;
(h) issue a writ of Mandamus or any other writ, direction or order in the nature of Mandamus restraining the Respondents their officers, servants and agents from acting and/or taking any steps in pursuance to the ex-parte order dated 17.11.2014 (not supplied to the Petitioner)passed by the Respondent No.1 and in pursuance to the Show Cause Notice dated 09.11.2020 bearing reference no. DRC/6/AD/LIT/2020/LOMP and the Show Cause Notice dated 18.12.2020 bearing reference no. DRC/6/AD/LIT/2020/LOMP and in pursuance to the order (not supplied to the Petitioner) ex-parte deciding the Show Cause Notices dated 09.11.2020 and 18.12.2020 and in pursuance to order dated 26.02.2021 passed by the Respondent no.1 (received by the Petitioner on 26.09.2021) ex-parte allowing Department request dated 15.02.2021(not supplied to the Petitioner) for withdrawal of DRC case filed vide letter dated 01.07.2020 with liberty to the Department to file for damages and in pursuance to the Recovery Certificate issued by the Respondent No.1 dated 23.02.2021(not to supplied to the petitioner) in Case No. DRC/50/AD/LIT/2011/EX-MP & DRC/10/AD/LIT/2011/EX-MP and in pursuance to DemandNoticesNo.TEH/KH(SW)/096642751/2021/16958dated16.03. 2021,No.TEH/KH(SW)/096642751/2021/53519dated20.09.2021,No.T EH/KH(SW)/096642751/2021/2036 dated 10.01.2022 issued by the Respondent No.2 against the petitioner.
(i) issue a writ of Mandamus or any other writ, direction or order in the nature of Mandamus adjudging and declaring the entire proceedings culminating in the ex-parte order dated 17.11.2014 (not supplied to the Petitioner) passed by the Respondent No.1 and the Show Cause Notice dated 09.11.2020 bearing reference no. DRC/6/AD/LIT/2020/LOMP and the Show Cause Notice dated 18.12.2020 bearing reference No. DRC/6/AD/LIT/2020/LOMP and the order passed by the Respondent No.1 ex-parte deciding the Show Cause Notices dated 09.11.2020 and 18.12.2020 and the order dated 26.02.2021 passed by the Respondent no.1 (received by the Petitioner on 26.09.2021) ex-parte allowing Department request dated 15.02.2021 (not supplied to the Petitioner)for withdrawal of DRC case filed vide letter dated 01.07.2020 with liberty to the Department to file for damages if any against the Petitioner due after recovery of damages and the ex-parte order dated 17.11.2014 (not supplied to the Petitioner) passed by the Respondent No.1 and the Recovery Signature Not Verified Digitally Signed By:BHAWNA Signing Date:23.02.2022 13:59:43 Certificate issued by the Respondent No.1 dated 23.02.2021 (not supplied to the Petitioner) in Case no. DRC/50/AD/LIT/2011/EX-MP & DRC/10/AD/LIT/2011/EX-MP and the Demand Notices No.TEH/KH(SW)/096642751/2021/16958 dated 16.03.2021, No.TEH/KH(SW/096642751/2021/53519 dated 20.09.2021 No.TEH/KH(SW096642751/2021/2035 dated 10.01.2022 issued by the Respondent no.2 against the Petitioner as illegal, without jurisdiction and unconstitutional being violative of the fundamental rights of the Petitioner guaranteed and protected under Articles 14 and 21 of the Constitution of India and his rights under Article 300A of the Constitution of India;
(j) Issue rule Nisi in terms of Prayer (a) to (j) above; and.
(k) Issue such further writ, direction or order as may be deemed fit and proper in the facts and circumstances of the case."
2. In the course of hearing, the Court was apprised that the proceedings initiated under Section 7 of the Public Premises (Eviction of Unauthorised Occupants) Act, 19711 had been duly finalised in terms of an order of 17 November 2014. That order was subsequently placed on the record of these proceedings. A perusal thereof establishes that the Estate Officer has essentially held the petitioner liable to pay a sum of Rs.14,68,970/- representing the arrears of the special rate of licence fee which was payable by the petitioner for the continued occupation of the premises between 18 June 2009 to 08 November 2014.
3. Mr. Chowdhury, learned Senior Counsel contends that the petitioner was never made aware of this order and that the same has been passed ex- parte. The Court, however, notes that the order itself specifically records that the representative of the petitioner had attended the proceedings drawn by the Estate Officer on 09 October 2014 and prior thereto on 26 February 2014. In view of the aforesaid, no cause arises for this Court to continue the writ petition any further.
1The Act Signature Not Verified Digitally Signed By:BHAWNA Signing Date:23.02.2022 13:59:43
4. Since the order of 17 November 2014 is clearly appealable under the provisions of the Act, this writ petition shall stand dismissed with liberty reserved to the petitioner to pursue the statutory remedies as prescribed. All contentions of respective parties, on merits, are kept open.
5. Pending applications also stand disposed of.
YASHWANT VARMA, J.
FEBRUARY 22, 2022/neha Signature Not Verified Digitally Signed By:BHAWNA Signing Date:23.02.2022 13:59:43