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High Court of DelhiW.P.(C)/6260/2019

Manish Sharma And ANR. v. Union Of India And ANR.

2019-05-29Hon'Ble Mr. Justice Vibhu Bakhru2 pages

$~188 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ W.P.(C) 6260/2019 MANISH SHARMA AND ANR.

..... Petitioners Through Mr Prince Jain, Advocate.

versus UNION OF INDIA AND ANR.

..... Respondents Through Mr Dilbag Singh, Senior Panel Counsel with Mr Pradeeep Jha, Advocate for UOI/R1.

CORAM:

HON'BLE MR. JUSTICE VIBHU BAKHRU

O R D E R

% 29.05.2019 1.

The petitioner has filed the present petition, inter alia, praying as under:- Please to issue a Writ of Mandamus against the respondent no. 1 to provide the complete details available with them including the demographic and biometric information of respondent no. 2 as attached with her Aadhaar no. 816681455750.

2.

The petitioners have obtained a money decree in their favour against the respondent no. 2 (Ms. Neelima Sharma). In order to enforce the said decree, the petitioners have filed an execution petition (Execution Petition No. 1089/2018), which is pending before the Court of Learned ADJ (West District) Delhi. The petitioners' predicament is that they are unable to ascertain the whereabouts of respondent no.2. Consequently, the Court has

also been unable to execute the decree. In the aforesaid context, the Court of Learned ADJ directed respondent no.1 to provide complete information regarding respondent no.2, however, respondent no.1 has expressed its inability to do so in view of Section 33 (1) of the Aadhar (Targeted Delivery of Financial and Other Subsidies, Benefits and Services) Act, 2016. 3.

The Income Tax Authorities have furnished the details of the address as available in their records and the same is as stated in the memo of parties. It is stated that respondent no.2 has sold the said property two years ago and therefore, the address available with the Income Tax Authorities is not the current address of respondent no.2.

4.

It is not necessary for the petitioner to obtain other details of respondent no.2 for the purposes as indicated by the petitioner - execution of a money decree. However, this Court is of the view that it would be apposite for respondent no.1 to disclose respondent no.2's address as available in their records as well as the details of bank accounts, if the same are available with it. It is so directed.

5.

The petition is disposed of in the aforesaid terms. 6.

Order dasti.

VIBHU BAKHRU, J MAY 29, 2019 pkv