Bablu Biswas v. Union Of India And ANR.

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IN THE HIGH COURT OF DELHI AT NEW DELHI

+ W.P.(C) 11741/2018 BABLU BISWAS ..... Petitioner Through:

Mr. Prateek Tushar Mohanty and Mr.Tushar Ranjan Mohanty, Advocates.

versus UNION OF INDIA AND ANR.

..... Respondents Through:

Mr.

Arun Bhardwaj, CGSC with Mr.Satya Ranjan Swain, Mr. Nikhil Bhardwaj and Mr. Shashwat Sharma, Advocates for UOI.

CORAM:

HON'BLE MR. JUSTICE VIPIN SANGHI HON'BLE MR. JUSTICE A. K. CHAWLA

O R D E R

% 30.10.2018 CM APPL. 45474/2018 Exemption allowed, subject to all just exceptions. Application stands disposed of.

W.P.(C) 11741/2018 with CM APPL. 45472/2018 (for stay) and 45473/2018 (for interim relief) The petitioner has preferred the present petition to assail the order dated 16.10.2018 passed by the Central Administrative Tribunal, Principal Bench, New Delhi in OA No.3828/2018. The petitioner had preferred the said original application to assail the eviction order dated 29.09.2017 passed against him under the Public Premises (Eviction of Unauthorised Occupants) Act, 1971. The Tribunal rejected the original application on the ground that

the same is not maintainable in the light of the judgment of the Supreme Court in Union of India v. Rasila Ram, 2001 (10) SCC 623. In our view, the original application was not maintainable in view of the categorical finding recorded by the Supreme Court in Rasila Ram (supra). The present petition is completely misconceived and is accordingly dismissed along with pending applications.

VIPIN SANGHI, J A. K. CHAWLA, J OCTOBER 30, 2018 nn