JAI KARAN Vs. GOVT. OF NCT OF DELHI

JUDGEMENT

(1.) WP (C) No.1353/2012 was filed by Kavinder Kaushik and two others, seeking removal of certain alleged unauthorized occupants from the premises of Nehru Memorial Middle School, Mandoli Road, Delhi. Only the Lt.Governor of Delhi, Secretary, Delhi Administration, Director of Education, Deputy Director of Education and Administrator/Authorized Officer of Nehru Memorial Co -Ed. Middle School were impleaded as parties to the writ petition. The alleged encroachers were not impleaded in the aforesaid writ petition filed by Kavinder Kaushik and two others. The said writ petition came to be decided on 12.1.2004. The following order was passed by the Court in the aforesaid writ petition: -

(2.) PURSUANT to the aforesaid order of this Court, separate show cause notices dated 3.8.2004 were issued to the petitioners. The notices are identical and read as under: -

(3.) IT appears from the above narrated facts that according to the respondents, the petitioners have encroached upon the property of Nehru Memorial Middle School and are unauthorisedly occupying the same. However, in the show cause notice dated 3.8.2004, there is absolutely no averment that the petitioners were in an authorized occupation of the property belonging to the aforesaid school. The show cause notice only refers to the order passed by this Court on 12.1.2004 in WP(C) No.1353/2002 and requires the noticee to show cause why legal action be not initiated for non - compliance of the order of this Court dated 12.1.2004. I fail to appreciate how the respondents could have sought to take action against the petitioners for non -compliance of the order of this Court dated 12.1.2004 when neither they were party to the WP(C) No.1352/2002 nor had this Court given any direction to them in the order dated 12.1.2004.