Surender Kumar v. Land & Building Department

$~15 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 6997/2017 SURENDER KUMAR ..... Petitioner Through Mr.N.S. Dalal, Adv.

versus LAND & BUILDING DEPARTMENT ..... Respondent Through Mr.Sanjay Kumar Pathak, Adv. with Mr.Sunil Kumar Jha, Adv. for L & B/GNCTD.

CORAM:

HON'BLE MS. JUSTICE REKHA PALLI

O R D E R

% 18.04.2018 Despite repeated opportunities, counter affidavit has not been filed by the respondent. Today, learned counsel for the petitioner submits that the limited prayer made by the petitioner in the present petition is for a direction to the respondent to decide his pending application being File No.F.31(50)/135A/1994/L&B, submitted on 30th November, 1993.

In view of the fact that the respondents have chosen not to file any counter affidavit, I am of the considered view that the respondent has given no justification for not having decided the petitioner's application till date.

Learned counsel for the respondent, however, submits that notice was issued to the petitioner on 4th September, 2017, requesting

the petitioner to furnish additional documents. Learned counsel for the petitioner submits that the petitioner is ready and willing to supply all documents being demanded by the respondent. He, however, prays that a copy of the said notice dated 4th September, 2017 be furnished to the petitioner once again.

Accordingly, the learned counsel for the respondent is directed to submit as copy of notice dated 4th September, 2017, to learned counsel for the petitioner within a period of one week; upon the petitioner furnishing the requisite documents to the Respondent within a further period of four weeks, the respondent will then pass a reasoned order on the petitioner's pending application within eight weeks. Needless to say that the petitioner will be entitled to relief it found eligible only as per his seniority.

The petition is disposed of in the aforesaid terms. APRIL 18, 2018/aa REKHA PALLI, J