AVINASH SRIVASTAVA Vs. ESTATE OFFICER, DIRECTORATE OF ESTATES

JUDGEMENT

(1.) This petition under Article 226 of the Constitution of India impugns the order [dated 23rd November, 2017 in PPA Appeal No.08/2017 of the Court of District Judge (HQs) acting as the Appellate Officer under Section 9 of the Public Premises (Eviction of Unauthorized Occupants) Act, 1971 (PP Act)] of dismissal of appeal preferred by the petitioner against the order dated 16th May, 2017 under Section 5 of the Act of the Estate Officer of eviction of the petitioner from Quarter No.191, Block-11, Dev Nagar, New Delhi.

(2.) The petition came up before this Court first on 12th December, 2017, when notice thereof was ordered to be issued, the record of the Estate Officer and Appellate Court requisitioned and coercive action against the petitioner restrained; the petitioner as well as his wife were also directed to remain present in person on the next date of hearing. However, the order of the next date of hearing neither records the presence of the petitioner or his wife nor makes any reference to nor discloses that any enquiries were made from the petitioner or his wife. The respondent has filed a counter affidavit and to which a rejoinder has been filed in terms of order dated 7th May, 2018. The counsel for the petitioner has also filed his submissions in writing.

(3.) Ms. Gargee Dixit, counsel for the petitioner today conveniently states that her file has been lost and an adjournment be given.