Devinder Singh Nagi v. Union Of India & ORS

$~33 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 3825/2016 & C.M.Nos.16260-16261/2016 DEVINDER SINGH NAGI ..... Petitioner Through Petitioner in person.

versus UNION OF INDIA & ORS ..... Respondents Through Mr.Praveen Kumar Jain with Mr.Amit Dogra, Advocates.

CORAM:

HON'BLE MR. JUSTICE MANMOHAN

O R D E R

% 04.05.2016 Present writ petition has been filed challenging the letter dated 10th December, 2015, whereby the respondent no. 2 has directed that the unpaid bills of the petitioner of Delhi Jal Board may be recovered from the Dearness relief payable to him and the said amount be credited in favour of DJB.

The petitioner who appears in person has handed over in Court an additional affidavit dated 28th April, 2016, in which it is stated that after filing of the present writ petitioner, the petitioner has received a letter dated 25th April, 2016 from the Ministry of Urban Development, Directorate of Estates in which it has been ordered that the impugned letter dated 10th February, 2015 be treated as withdrawn. The letter dated 25th April, 2016 is reproduced hereinbelow:- " No.Elect.Dues/TD/Type-C(A)/2015 Government of India M/o Urban Development Directorate of Estates Nirman Bhavan, New Delhi Dated 25th April, 2016

To Pay & Accounts Officer, Commissionerat/e of Customs, New Customs House, Near IGI Airport, New Delhi-110037 Subject:- Pending bills in respect of Shri Devender Singh Nagi, Supdt. Ex-allottee of Qtr. No.285, Block No.15 at Lodi Colony, New Delhi Sir, In continuation of this Directorate of Estates' letter of even No. dated 10.12.2015 on the subject mentioned above and to say that on receiving the clarification/information from Delhi Jal Board that Shri Devinder Singh Nagi had paid all dues including disconnection fee of Rs.100/- without dues pending against him as on 27.1.2005, the earlier letter of even No. dated 10.12.2015 may be treated as withdrawn and if any amount has already been deducted from Shri Devinder Singh Nagi may also be refunded to him.

This issues with the approval of Competent Authority. (M.S.P.DARA) Assistant Director of Estates"

Since respondent no.3 has now withdrawn the impugned demand, the respondent no.2 and Pay & Accounts Officer, Commissioner of Customs, New Customs House are directed to give effect to the same within a period of two weeks. Since the impugned order had been passed without giving any show cause notice to the petitioner, this Court directs the respondent no.3 to pay the costs of Rs.1,000/- to the petitioner. With the aforesaid directions, the present writ petition and the applications are disposed of.

MANMOHAN, J MAY 04, 2016/KA