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Delhi Anusuchiit Jaati Vikas ... vs Govt.Of Nct Of Delhi & Ors
2011 Latest Caselaw 3407 Del

Citation : 2011 Latest Caselaw 3407 Del
Judgement Date : 18 July, 2011

Delhi High Court
Delhi Anusuchiit Jaati Vikas ... vs Govt.Of Nct Of Delhi & Ors on 18 July, 2011
Author: Rajiv Sahai Endlaw
42.
$~
*       IN THE HIGH COURT OF DELHI AT NEW DELHI

+       W.P.(C) 496/2010 & CM No.2956/2011 (u/O 1 R 10)

        DELHI ANUSUCHIIT JAATI VIKAS SANGHTAN .... Petitioner
                     Through: Mr. Vikas B. Pakhiddey, Adv.

                                 versus

        GOVT.OF NCT OF DELHI & ORS.                 ..... Respondent
                     Through: Mr. Najmi Waziri, Standing Counsel
                               (Civil) GNCTD. With Ms. Zeenat
                               Masoodi, Adv.
                               Mr. R.K. Bhartiya, Ms. Sudesh Yadav
                               & Mr. Chirag Mudgal, Adv. for
                               applicants in CM.No.2956/2011 along
                               with applicants no.1&2.

                                  AND
43.
+       W.P.(C) 4996/2010

        DELHI ANUSUCHIT JAATI VIKAS SANGHTAN        ..... Petitioner
                     Through: Mr. Adarsh Ganesh, Adv.

                                 versus

        CHIEF SECRETARY GOVT OF DELHI AND ORS .. Respondents
                     Through: Mr. O.P. Saxena & Mr. Mithilesh
                              Adv. for DUSIB.
        CORAM:
        HON'BLE MR. JUSTICE RAJIV SAHAI ENDLAW

                               ORDER
%                              18.07.2011
WP(C)496/2010 & 4996/2010                                  page 1 of 4

1. WP(C) 496/2010 has been filed seeking direction to the respondents to

complete the process of signing of the MOU for management of Panchayat

Ghar/Raigar Choupal at C-Block, Phase-II, Nangloi, Delhi with the

petitioner. An application being CM.No.2956/2011 has been filed by Sh.

Ram Avta Meghwal and Shri Rohtas Singh for impleadment, also claiming

that the MOU should be signed with M/s Jan Kalyan Aur Manav Vikas

Sangathan (Regd.).

2. Mr. Waziri, counsel for the respondent GNCTD states that as per the

prescribed norms a decision has been taken as to who should be entrusted

with the management of the Panchayat Ghar/Raigar Choupal and with which

person(s) the MOU in this regard should be executed. He further states that it

has been decided to hand over the management of Panchayat Ghar/Raigar

Choupal to Janta Kalyan Manch (JKM) (Regd.), C-25, Camp No.2, Nangloi,

Delhi - 110 041.

3. The counsel for the petitioner however states that the said JKM is an

organization of the local MLA Sh. Manoj Kumar Shokeen who heads the

Selection Committee for identifying the NGO to whom the Management of

Panchayat Ghar/Raigar Choupal can be handed over as aforesaid. He further

WP(C)496/2010 & 4996/2010 page 2 of 4 states that the address of JKM is the address of the office of the said MLA.

4. It is contended that JKM is only eleven months old and Mr. Shokeen

aforesaid, besides being the decision making authority is illegally

appropriating the control of the Panchayat Ghar/Raigar Choupal in himself.

5. On enquiry it is informed that the MOU is generally entered into for a

period of three years.

6. In the circumstances, this writ petition is disposed of with the

following directions:-

a. The Dy. Commissioner (Revenue) of the area to enquire into the

matter i.e. whether Mr. Shokeen has misused his position and who

is best suited to be put into management of Panchayat Ghar/Raigar

Choupal. The petitioner as well as the aforesaid applicants to appear

before the Dy. Commissioner (Revenue), Nangloi for hearing in

this regard on 28th July, 2011 at 1600 hours and on such subsequent

dates as may be fixed;

b. The Dy. Commissioner (Revenue) to pass a reasoned order on the

grievance of the petitioner and the applicants and also record the

WP(C)496/2010 & 4996/2010 page 3 of 4 reasons for identifying any particular NGO for signing of the MOU

and to also determine the eligibility and suitability of the aforesaid

JKM to the management of the Panchayat Ghar/Raigar Choupal;

c. To enable the concerned parties to vent their grievance(s) if any

against the said order, it is further directed that MOU be not entered

into and control of Panchayat Ghar/Raigar Choupal be not handed

over to selected party for a period of two weeks after the

communication of the order to the concerned parties.

WP(C) 4996/2010 is also disposed of in terms of the above.

Dasti.

RAJIV SAHAI ENDLAW, J

JULY 18, 2011 pp.

 
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