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High Court of DelhiCM(M)/739/2018

Viond Kr Gupta v. Dusib(Delhi Urban Shelter Improvement Board) & ANR

2018-07-09Hon'Ble Mr. Justice Rajiv Sahai Endlaw2 pages

$~14 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CM(M) 739/2018 VIOND KUMAR GUPTA ..... Petitioner Through:

Mr.

Girish Agarwal and Mr.

Abhishek Aggarwal, Advs.

Versus

DUSIB (DELHI URBAN SHELTER IMPROVEMENT BOARD) & ANR ..... Respondents Through:

Mr. Parvinder Chauhan and Mr. Nitin Jain, Advs. for R-1.

CORAM:

HON'BLE MR. JUSTICE RAJIV SAHAI ENDLAW

O R D E R

% 09.07.2018 CM No.26537/2018 (for exemption) 1.

Allowed, subject to just exceptions.

2.

The application is disposed of.

CM(M) 739/2018 & CM No.26536/2018 (u/O XXXIX R-1&2 CPC) 3.

This petition under Article 227 of the Constitution of India seeks a direction to the respondent No.2 Sh. A.P. Kardam, Estate Officer of the respondent No.1 Delhi Urban Shelter Improvement Board (DUSIB), seized of Case No.Estate Officer/DUSIB/2015/D-235 under the Public Premises (Eviction of Unauthorized Occupants) Act, 1971 (PP Act) (i) to take up the application of the petitioner under Section 10 & 151 of the Code of Civil Procedure, 1908 (CPC); and, (ii) to dispose of the same on merits. 4.

After some arguments, the counsel for petitioner does not press the petition for the relief claimed and withdraws the same. CM(M) 739/2018

5.

The counsel for the petitioner however states that the Estate Officer, in the conduct of the proceedings, is not supplying copies of the record of the proceedings/orders passing from time to time to the petitioner/his counsel.

6.

The counsel for the respondent No.1/DUSIB though appears on advance notice, has no instructions.

7.

The petition is dismissed as withdrawn.

8.

However, the Estate Officer of the respondent No.1/DUSIB is requested to, on an application in writing being made by the petitioner/his counsel for copies of any proceedings/orders passed by the Estate Officer from time to time in the proceedings if any against the petitioner, supply copies thereof to the petitioner/his counsel against acknowledgment. A copy of this order be given dasti.

RAJIV SAHAI ENDLAW, J.

JULY 09, 2018 bs..

CM(M) 739/2018