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High Court of DelhiCONT.CAS(C)/513/2016

Abhay Kumar Bhargava v. K K Sharma & ANR.

2016-05-04Hon'Ble Mr. Justice J.R. Midha2 pages

$~56 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ CONT.CAS(C) 513/2016 & CM No.16450/2016 & 16451/2016 ABHAY KUMAR BHARGAVA ..... Petitioner Through:

Mr. Subhash Chandra Vashishth, Mr.

Pankaj Sniha and Ms. Nupur Grover, Advs.

versus K K SHARMA & ANR.

..... Respondents Through:

Mr. Ripu Daman Bhardwaj, CGSC with Mr. Abhishek Khanna, G.P. and Mr. Raj Kamal, D.C, BSF.

CORAM:

HON'BLE MR. JUSTICE J.R. MIDHA

O R D E R

% 04.05.2016 CM No.16451/2016 Allowed, subject to just exceptions.

CONT.CAS(C) 513/2016 & CM No.16450/2016 1.

Vide order dated 30th November, 2015 in W.P.(C) 11012/2015, the Division Bench of this Court directed BSF to consider accommodating the petitioner for a further period of two years, if possible, by April, 2016 or else at least in a next posting to the extent it is reasonable possible. 2.

Learned counsel for the respondents submits respondents have considered the petitioner's case in terms of the direction of the Division Bench and taken a decision to transfer the petitioner to Silchar. The original record containing the decision of the competent authority has been shown to the Court. Copy of the same is handed over and taken on record. Copy of the same is also handed over to learned counsel for the petitioner. 3.

At this stage, learned counsel for the petitioner seeks permission to

withdraw this petition with liberty to challenge the decision taken by the respondents in accordance with law.

4.

Learned counsel for the petitioner submits that he has been conveyed that the movement order is ready and be collected. He further submits that the movement order be stayed for a reasonable time to enable him to avail the appropriate legal remedies. Learned counsel for the respondents submits that the petitioner would be entitled to 30 days time for joining in the movement order which is a reasonable time for the petitioner to avail the appropriate legal remedies.

5.

The petition is dismissed as withdrawn with liberty as prayed for. 6.

Copy of this order be given dasti to learned counsels for the parties under signature of Court Master.

J.R. MIDHA, J.

MAY 04, 2016 ak