Geeta Gupta v. Union of India

MINI PUSHKARNA, J. (ORAL):

¶1The present writ petition has been filed with prayer for quashing the communication dated 02.02.2022 and 09.12.2022 issued by the Estate Officer under Sections 7(2) and 7(3) of the Public Premises (Eviction of Unauthorised Occupants) Act, 1971 (PP Act).

¶2It is the case on behalf of the petitioner that though show cause notice dated 02.02.2022 was purportedly issued under Section 7(3) of the PP Act, the petitioner was never called upon before the Estate

Officer and no hearing ever took place before the Estate Officer. Learned counsel submits that a representation dated 15.08.2022 had been made by the petitioner. However, by the communication dated

09.12.2022, the said representation of the petitioner was dismissed.

¶3Since the present writ petition has been filed against the orders passed by the Estate Officer under Sections 7(2) and 7(3) of the PP Act, the present writ petition is not maintainable before this Court as appropriate remedy is available under the provisions of the PP Act.

¶4The present writ petition is thus disposed of with liberty to the petitioner to approach the appropriate forum under the PP Act.

MINI PUSHKARNA, J

MAY 12, 2023 PB

* IN THE HIGH COURT OF DELHI AT NEW DELHI % Decided on: 12th May, 2023 + W.P.(C) 6220/2023 GEETA GUPTA ..... Petitioner Through: Mr. Aayush Agarwala, Ms. Bhumika Sharma, Mr. Auritro Mukherjee, Advocates (Ph.9999105064, e- mail: aayush@pba.net.in) versus UNION OF INDIA ..... Respondent Through: Mr. Virender Pratap Singh Charak, Ms. Shubhra Parashar and Mr. Ravindra Vikram, Advocates for UOI/ Indian Air Force (Ph.9891695077, e-mail: virendersinghcharak@gmail.com) CORAM: HON'BLE MS. JUSTICE MINI PUSHKARNA [Physical Hearing/ Hybrid Hearing]