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HIGH COURT OF DELHI
Date of Decision: 12th May, 2023
GEETA GUPTA ..... Petitioner
Through: Mr. Aayush Agarwala, Ms. Bhumika Sharma, Mr. Auritro Mukherjee, Advocates (Ph.9999105064, e- mail: aayush@pba.net.in)
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)
MINI PUSHKARNA, J. (ORAL):
JUDGMENT
1. The 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).
2. It 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 Neutral Citation Number - 2023:DHC:3405 W.P.(C) 6220/2023 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.
3. Since 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.
4. The 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