Ashok Kumar v. Estate Officer & ANR

$~29 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ W.P.(C) 6752/2017 and C.M. Appl. 28106/2017 ASHOK KUMAR ..... Petitioner Through:

Mr. S.N. Kalra, Advocate versus ESTATE OFFICER & ANR ..... Respondents Through:

Ms. Monika Arora and Mr. Kushal Kumar, Advocate with Mr. Umakant Aggarwal, Estate Officer

CORAM:

HON'BLE MR. JUSTICE J.R. MIDHA

O R D E R

% 11.08.2017 1.

Learned counsels for the parties have handed over the compilation of their respective documents which are taken on record. 2.

The appellant is present in Court along with his counsel and he undertakes to hand over the vacant and peaceful possession of Shop No.4, Jawahar Lal Nehru University on or before 31st October, 2017. The undertaking of the appellant is recorded separately on oath. 3.

In terms of the undertaking, the petitioner shall hand over the vacant and peaceful possession of Shop No.4, Jawahar Lal Nehru University to the Registrar, Jawahar Lal Nehru University on or before 31st October, 2017. The petitioner shall also clear the arrears of licence fee as well as the electricity, water and other outstanding dues by way of a demand draft in the name of Finance Officer, Jawahar Lal Nehru University, within a period of six weeks from today.

4.

Learned counsel for the petitioner submits that the licence fee

includes the electricity, water and other dues, which is disputed by learned counsel for the respondent, who submits that she will raise a proper demand with respect to the outstanding dues on the petitioner within a period of two weeks from today.

If the petitioner has any objection the demand, the petitioner shall submit his response to the University within two weeks whereupon the Vice-Chancellor of the University shall take a decision with respect to the outstanding dues, after affording a hearing to the petitioner, within a period of two weeks thereafter.

5.

Learned counsel for the petitioner submits that the petitioner has deposited the some amount in the Court/s of the Rent Controller. In case any amount has been deposited, the petitioner is at liberty to withdraw the said amount from the respective Courts.

6.

The Writ petition and the pending application are disposed of in terms of the undertaking of the petitioner.

7.

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

J.R. MIDHA, J.

AUGUST 11, 2017 rsk

W.P.(C) 6752/2017 Statement of Shri Ashok Kumar, S/o Late Shri Raghbir Singh R/o 1490, Wazir Nagar, Kotla Mubarakpur, New Delhi-110003 on S.A. I undertake to hand over the vacant and peaceful possession of Shop No.4, Jawahar Lal Nehru University on or before 31st October, 2017. I further undertake that I will not file any other case relating to the aforesaid shop.

I also undertake not to transfer, alienate or create any third party interest in respect of the said shop till the date of handing over of the possession. I undertake to clear the entire arrears of the licence fee within a period of six weeks from today.

R.O. & A.C.

J.R. MIDHA, J.

AUGUST 11, 2017