ASHWINI SHOURIE Vs. DIRECTORATE OF ESTATES

JUDGEMENT

(1.) This order will dispose of an application under Section 340 , Code of Criminal Procedure preferred by the respondent (C.M. Appl.41529/2016).

(2.) The brief facts are that an appeal was preferred by the non-applicant (Ashwini Shourie, hereafter "Shourie") impugning an order dated 18.12.2015 of a learned Single Judge dismissing his writ petition [W.P.(C) 3420/2012]. A shop, i.e. No, 184, INA (Mohan Singh Market, New Delhi), was allotted on the basis of tender dated 31.05.1961, in the name of Sh. Kanta Prasad and Sh. Satish Kumar. On 20.02.1971, the appellant applied for transfer of the shop to his own name. A notice, dated 05.04.1974 was issued to show cause why the allotment of the said shop should not be cancelled. The allotment was cancelled by letter, dated 24.05.1974. Thereafter, Shourie approached the respondents (Directorate of Estates and others, hereafter "the respondents") with some documents claiming "no objection" of the original allottee in his favour. However, the allotment was not to be regularized in favour of the appellant and subsequently, eviction order was passed by the Estate Officer on 22.05.1975.

(3.) The Appellant filed W.P.(C) 1070/1975, in which this Court initially granted an interim stay of the eviction order. During the pendency of the said petition, in or about the year 1989, the Central Government, as a matter of policy decided to grant ownership rights to the occupants of the subject shops, but provided they fulfilled certain criteria. The decision of the year 1989 to grant ownership rights was superseded by the decision dated 31.08.2000 and fresh notices were issued asking the occupants desirous of ownership rights to comply with the conditions. The appellant, however, did not apply despite repeated opportunities. In the meanwhile, W.P.(C) 1070/1975 filed by Shourie was dismissed for non-prosecution/being in default on 11.01.2001. Though Shourie had not applied in terms of the decision dated 31.08.2000, one Smt. Charanjit Kaur, w/o Sh. Inderjit Singh and Sh. Harinder Singh applied for grant of ownership rights in the shop along with the requisite documents. That application was not considered.