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High Court of DelhiW.P.(C)/5953/2018

Anand Sawroop v. Govt. Of NCT Of Delhi And ORS.

2018-05-29Hon'Ble Mr. Justice Rajiv Shakdher2 pages

$~54 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 5953/2018 ANAND SAWROOP ..... Petitioner Through Mr. Charanjit Sharma, Adv.

versus GOVT. OF NCT OF DELHI AND ORS.

..... Respondents Through Mr. Devesh Singh, ASC with Ms.

Sukriti Ghai, Adv. for R-1 to 3 alonwith SI Anil Kumar, P.S.

Kanjhawala.

CORAM:

HON'BLE MR. JUSTICE RAJIV SHAKDHER

O R D E R

% 29.05.2018 CM No.23216/2018 1.

Allowed, subject to just exceptions.

W.P.(C) 5953/2018 & CM No.23203/2018 2.

Issue notice. Ms. Ghai accepts notice on behalf of the respondents.

3.

In view of the order that I propose to pass, counsel for the respondents says that she does not wish to file a counter affidavit. 4.

To be noted, the prayers made in the petition are as follows: "i) set-aside the order stay order dt.02/04/2018 No.RA/SDM/K/18/4293 passed by the S.D.M.(K)/the respondent no.2 and direction to the S.H.O. P.S. KANJHAWALA, Delhi;

W.P.(C) 5953/2018

ii) the respondent no.3 not to interfere in the actual and physical possession of the petitioner in the land comprised in khasra no.45/16/1 (1-08) Village Karala, Delhi, illegally and unlawfully; and..."

5.

A perusal of the prayer would show that the grievance of the petitioner is that respondent no.3/S.H.O., P.S. Kanjhawala, Delhi is interfering with the physical possession of the petitioner‟s property located in Khasra No.45/16/2, Village Karala, Delhi. 5.1 According to the learned counsel for the petitioner, the petitioner‟s property is not covered by the order dated 2.4.2018, issued by respondent no.2. It is stated that the property covered under the said "stay order" dated 2.4.2018 refers to Khasra No.45/16/2, Village Karala, Delhi.

6.

In these circumstances, the writ petition is disposed of with the direction to respondent no.2 to confirm as to whether the petitioner‟s property comes within the ambit of the stay order dated 2.4.2018 (see annexure P-2 at page 24 of the paper book).

7.

In case it is found that the petitioner‟s property does not come within the ambit of the said order, appropriate instructions will be issued by respondents no.2 and 3.

7.1 Let the needful be done within three weeks of the date of receipt of a copy of the order.

8.

Accordingly, pending application shall stand closed. RAJIV SHAKDHER, J MAY 29, 2018/rb W.P.(C) 5953/2018