High Court of DelhiW.P.(C)/7741/2001

M/S Krishan & Co. v. UOI & ORS.

2016-02-11Hon'Ble Mr. Justice Manmohan2 pages

$~5 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 7741/2001 & CM Appl. 13263/2001 M/S KRISHAN & CO.

..... Petitioner Through: Mr. Sunil Malhotra, Adv.

versus UOI & ORS.

..... Respondents Through: None

CORAM:

HON'BLE MR. JUSTICE MANMOHAN

O R D E R

% 11.02.2016 The present writ petition has been filed with the following prayers:- "It is most respectfully prayed that this Honourable Court may be very graciously pleased to issue a writ, order or direction in the nature of a writ of declaration declaring the order No. LAND/BIB/3(293) S-60/77/91/526 dated 9.5.91 passed by Shri S. Prakash Deputy Secretary (Industries), Delhi Administration/Defendant No. 3, as illegal, improper, without jurisdiction non-est, nullity, and to issue a writ, order or direction in the nature of certiorari quashing the aforesaid order; and to issue a writ, order or direction in the nature of a writ of prohibition restraining the respondents from interfering in the running of business of the petitioner in property bearing plot No.

S-60, Badli Industrial Estate, Phase I, Delhi in any manner whatsoever and from taking possession of the said property bearing plot no. S-60, Badli Industrial Estate Phase I, Delhi or any portion of the same, and to issue any other writ order or direction to meet the ends of justice and to cause redressal of the grievances of the petitioner.

And the petitioners shall ever pray for this act of kindness."

A perusal of the file reveals that this matter has been repeatedly adjourned on the ground that the petitioner's representation dated 17th January, 2015 has not been disposed of till date. Consequently, this Court directs the respondents to dispose of the petitioner's representation dated 17th January, 2015 by way of a reasoned order after giving an opportunity of hearing to the petitioner as well as after visiting the site in question. The representation is directed to be decided in accordance with law as expeditiously as possible preferably within a period of ten weeks. A copy of the decision is directed to be communicated to the petitioner by registered A.D. post.

It is also directed that no coercive action shall be taken against the petitioner for a period of four weeks after the petitioner's representation has been disposed of.

In the event, the petitioner's representation is rejected, petitioner shall be at liberty to file appropriate proceedings in accordance with law. Petitioner is also granted liberty to raise all pleas as raised in the present writ petition. Rights and contentions of all parties are left open.

With the aforesaid directions, present writ petition and pending application stand disposed of.

MANMOHAN, J FEBRUARY 11, 2016 NG