Narender Gupta vs Govt. Of Nct Of Delhi &Ors;
2014 Latest Caselaw 4700 Del

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*    IN THE HIGH COURT OF DELHI AT NEW DELHI
%           Judgment delivered on: 22nd September, 2014

+      W.P.(C) 6452/2014

NARENDER GUPTA                                    ..... Petitioner
                                 Represented by: Mr. Deepak Khosla, Adv.
              versus
GOVT. OF NCT OF DELHI &ORS              ..... Respondents
                       Represented by: Mr. Yogesh Saini, Adv. for
                       Mr. V.K. Tandon, Adv. for R1, R2, R4 and
                       R5.
CORAM:
HON'BLE MR. JUSTICE SURESH KAIT

SURESH KAIT, J. (Oral)

1. Vide the present petition, petitioner seeks direction thereby restraining the respondents, their representatives, assignees, officials, employees, nominees, etc. from taking forcible possession of the land ad-measuring 2 Bigha 17 Biswas out of Khasra bearing no. 54/21/1 (1-14), 55/6/2/2 (2-12), 55/25/2/2 (0-8), 55/43/2 (0-16), 55/22/1 (3-1), 62/7/2 (2-12), 62/8/1 (1-16), 62/8/2 (0-4), 62/8/3 (2-16) and 114/2 (2-8) Khasra No. 55/25/2 (1-0) situated in the revenue estate of village Bakhtawarpur, Delhi - 36.

2. On perusal of the present petition, it is revealed that vide notice dated 25.01.2014, respondent was directed to remove the boundary wall and put the land back to the agricultural use as admissible under the DLR Act. Tehsilder concerned was also directed to provide help as per rule for removal of the said boundary wall, provided there was no stay order or court case in respect of the land in question.

3. Mr. Deepak Khosla, Ld. Counsel appearing on behalf of the petitioner submits that against the order dated 25.01.2014 passed by the Revenue Assistant, the petitioner has filed an appeal under Section 185 before the Deputy Commissioner and the same is pending. Further submits that petitioner has also filed an application for stay of the aforesaid order, however, the same has not been decided as yet. Ld. Counsel submits that if the stay application filed by the petitioner is not decided, the petitioner will suffer irreparable loss if notice dated 25.01.2014 is given effect.

4. Keeping in view the facts and circumstances of the case, I direct the concerned Deputy Commissioner to decide the interim application of the petitioner on the next date of hearing, i.e., 18.11.2014. Till then, status quo in respect of the property in question shall be maintained.

5. I here make it clear that if the decision taken by the Deputy Commissioner is against the petitioner, then the status quo shall continue after one week from the date of the decision.

6. In view of above terms, the petition is allowed with no order as to costs.

7. A copy of this order be given dasti under the Signature of Court Master.

CM. NO. 15467/2014 With the disposal of the instant petition itself, instant application has become infructuous and disposed of as such.

SURESH KAIT, J SEPTEMBER 22, 2014/jg