Aman Preet Singh Gandhi v. Delhi Urban Shelter Improvement Board
$~89 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 9133/2025, CM APPL. 38780/2025 AMAN PREET SINGH GANDHI .....Petitioner Through:
Mr. Nitin Jain, Advocates.
versus DELHI URBAN SHELTER IMPROVEMENT BOARD .....Respondent Through:
Mr. Anuj Chaturvedi, SC for R1 alongwith Ms. Richa Dhawan, Adv.
CORAM:
HON'BLE MR. JUSTICE SACHIN DATTA % 07.07.2025
O R D E R
CM APPL. 38779/2025 (Exemption) 1.
Allowed, subject to all just exceptions.
2.
The application stands disposed of.
W.P.(C) 9133/2025 3.
The petitioner, through the present petition, seeks quashing and setting aside of the impugned eviction order 15.05.2025 issued by the respondent/ Delhi Urban Shelter Improvement Board (DUSIB), in respect of the property situated at Municipal No. 1558/XV, Main Bazar, Pahar Ganj, New Delhi - 110055 (hereinafter "subject property"). The petitioner further seeks immediate de-sealing of the subject property and restoration of possession. 4.
It is submitted that the impugned eviction order has been passed pursuant to a show cause notice dated 29.10.2024 issued under section 41 of the Delhi Urban Shelter Improvement Board Act, 2010. The petitioner duly submitted a written reply dated 05.11.2024 in response to the said notice. Subsequently, on 19.05.2025, the petitioner received the eviction order dated 15.05.2025, whereby, the petitioner was directed to vacate the subject property The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 23/07/2025 at 12:36:51
within period of 15 days.
5.
Learned counsel for the petitioner submits that the impugned eviction order was passed without affording the petitioner an opportunity of personal hearing, in contravention of the mandatory requirement under section 41(2)(b)(ii) of the DUSIB Act, 2010.
6.
The petitioner, on 30.05.2025, aggrieved by the said eviction order, filed an appeal before the Director (Property), DUSIB, which is pending adjudication.
7.
Thereafter, on 10.06.2025, despite the pendency of the said appeal, the respondent affixed a vacate notice on the subject property and proceeded to seal the said premises on 11.06.2025 without granting any prior opportunity of hearing.
8.
It is noted that the petitioner, has also filed a further appeal dated 27.06.2025 before the Lieutenant Governor of Delhi, registered as Case No. 140/2025, wherein the first date of hearing has been scheduled for 03.09.2025. 9.
Considering the aforesaid facts and circumstances, particularly the pendency of appeal/s before competent forum/s, this Court does not find it apposite to entertain the present petition at this stage. It would be open to the petitioner to agitate the matter before the concerned appellate forum/s. The concerned appellate forum/s are requested to bestow their urgent consideration to the pending appeal/s.
10.
The present petition is disposed of in the above terms. Pending application/s also stand disposed of.
SACHIN DATTA, J JULY 7, 2025/ss The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 23/07/2025 at 12:36:51