Sh. Surat Singh Saini v. Sub Divisonal Magistrate And ORS.

$~38 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ W.P.(C) 8263/2018 & CM No. 31657/2018 SH. SURAT SINGH SAINI ..... Petitioner Through:

Mr M. K. Gahlaut, Advocate.

versus SUB DIVISONAL MAGISTRATE AND ORS.

..... Respondents Through:

Mr Santosh Kumar Tripathi, ASC, GNCTD with Mr Shashank Tiwari, Advocate for R-1 & R-2.

CORAM:

HON'BLE MR. JUSTICE VIBHU BAKHRU

O R D E R

% 07.08.2018 1.

The petitioner has filed the present petition, inter alia, praying as under:- "i.

pass a writ/order/direction/instruction in the nature of mandamus in favour of the petitioner and against the respondents No.1 & 2 thereby directing the respondents No.1 & 2 to implement the order dated 23.01.2018 passed by Sh. Abhishek Dev, IAS, District Magistrate, District South West.

ii.

pass a writ/order/direction/instruction in the nature of mandamus in favour of the petitioner and against the respondents No.1 & 2 thereby directing the respondents No.1 & 2 to get evict the respondents No.3 and 4 alongwith their entire belongings from the Ist floor of the property bearing No.RZ-74A, Nanda Enclave, Khaira Road, Najafgarh, New Delhi and one shop situated on the ground floor of the property bearing No.RZ-74A, Nanda Enclave, Khaira Road, Najafgarh, New Delhi and to put

the petitioner in the physical and vacant possession of the first floor and one shop on the ground floor of the property bearing no.RZ-74A, Nanda Enclave, Khaira Road, Najafgarh, New Delhi."

2.

The learned counsel appearing for the petitioner points out that by an order dated 23.01.2018, the District Magistrate (South West) had directed the respondents and their families to vacate the property comprising of the first floor of the house no.RZ-74A, Nanda Enclave, Khaira Road, Najafgarh, New Delhi-110043 and the shop on the ground floor within a period of 15 days on the receipt of the order. Further, SDM and SHO (Najafgarh) were also directed to take necessary action in accordance with law. The petitioner's grievance is that the said orders have not been implemented. 3.

The learned counsel appearing for respondent nos.1 & 2 states that necessary action, for enforcement of the said orders, would be taken within a period of two weeks from today.

4.

In view of the above, no further orders are required to be passed in this petition. The same is, accordingly, disposed of. The pending application is also disposed of.

5.

Order dasti under signatures of the Court Master. VIBHU BAKHRU, J AUGUST 07, 2018 MK