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High Court of DelhiW.P.(C)/6181/2016

Deepak Vohra v. Union Of India & ORS

2017-02-20Hon'Ble Ms. Justice Indira Banerjee,Hon'Ble Mr. Justice A. K. Chawla2 pages

$~19 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ W.P.(C) 6181/2016 & CM No.25338/2016 (for stay) DEEPAK VOHRA ..... Petitioner Through:

Ms.Jyoti Singh, Sr. Adv. with Ms.Tinu Bajwa, Mr.Amandeep Joshi & Mr.Himanshu Gautam, Advs.

versus UNION OF INDIA & ORS ..... Respondents Through:

Mr.Anurag Ahluwalia, CGSC with Ms.Nisha Sharma & Mr.Bhav Arora, Advs.

CORAM:

HON'BLE MS. JUSTICE INDIRA BANERJEE HON'BLE MR. JUSTICE ANIL KUMAR CHAWLA

O R D E R

% 20.02.2017 Ms. Jyoti Singh, Sr. Advocate appearing on behalf of the Petitioner gives an undertaking to this Court that the Petitioner will vacate the quarters within 30.04.2017, since the board exam of his daughter will be over by 24.04.2017.

In view of the undertaking given by Ms. Jyoti Singh, Senior Advocate on the instructions of the petitioner that the petitioner will vacate the quarters within 30.04.2017 we dispose of the writ petition and the application by directing the respondents not to disturb the petitioner's possession of the quarters till 30.04.2017.

The petitioner shall also give a separate undertaking in writing to the concerned authorities to vacate the quarters within 30.04.2017. On such undertaking in writing being given the occupation of the petitioner shall be regularized till 30.04.2017.

It is made clear that this order has been passed in the special facts and circumstances of this case, considering that the petitioner's wife has recently

died of cancer, and he is the sole care giver of his shocked and traumatized daughter. His duty as a parent and sole care giver of his daughters has to be balanced with his commitments at work, and shifting residence at this crucial juncture when his daughter's board examination is knocking on the door, will seriously hamper her studies and jeopardize her future. This order is not, therefore, to be treated as a precedent. The petitioner shall positively vacate the flat till 30.04.2017 failing which the consequences will follow. INDIRA BANERJEE, J ANIL KUMAR CHAWLA, J FEBRUARY 20, 2017/gm