Dr Ajit Kumar Yadav & ORS v. Estate Officer, Ihbas

$~1 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 12209/2016, C.M.Nos.48141/2016 and 48142/2016 DR AJIT KUMAR YADAV & ORS ..... Petitioners Through Mr. S. Mukherjee and Mr. Avijit Singh, Advs.

versus ESTATE OFFICER, IHBAS ..... Respondent Through Mr. S.D. Singh and Mr. Rahul K.

Singh, Advs.

CORAM:

HON'BLE MS. JUSTICE INDERMEET KAUR

O R D E R

% 11.01.2017 The petitioner is aggrieved by the notice dated 25.11.2016 issued by the Estate Officer of the Institute of Human Behaviour and Allied Sciences (IHBAS).

At the outset, learned counsel for the respondent who has put in appearance submits that this communication is only a notice and proceedings are yet to culminate before the Estate Officer. This position is not in dispute. This Court also notes that any and every order passed by the Estate Officer is appealable under Section 9 of the Public Premises (Eviction of Unauthorized Occupants) Act, 1971 before the higher authorities which is the body of District Judge/Additional District Judge.

Noting these submissions, this Court is not inclined to entertain this petition. The submission of the learned counsel for the

respondent is noted which is to the effect that it is only after a hearing had been granted to the petitioner and he is permitted to lead evidence, if any that the Estate Officer shall pass a reasoned order. Accordingly, the parties are directed to appear before the Estate Officer at 02:00 PM on 24.01.2017.

Petition disposed of.

Order dasti.

INDERMEET KAUR, J JANUARY 11, 2017