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2012 Supreme(Del) 238

A.K.SIKRI, RAJIV SAHAI ENDLAW
Pradeep Oil Corporation – Appellant
Versus
Union Of India – Respondent


Advocates appeared:
For the Appellant:V.K. Gupta & Jayant Nath, Sr. Advs. B.C. Pandey & Udit Gupta, Advocates.
For the Respondent:R.N. Singh, A.S. Singh, Advocates.

Judgment :

RAJIV SAHAI ENDLAW, J.

1. This intra Court appeal impugns the judgment dated 08.11.2011 of a Single Judge of this Court dismissing W.P.(C) No.4694/2011 preferred by the appellant herein. The said writ petition was filed by the appellant to restrain the respondent Railways from carrying out any demolition on and from dispossessing the appellant from premises at 13 KM, Rohtak Road, Shakur Basti, Delhi -110 056 and impugning the notice dated 27.12.2010 issued by the respondent Railways to the appellant. The writ petition was filed on 07.07.2011 when the action of demolition and dispossession was already underway.

2. The writ petition was taken up for hearing on 07.07.2011 itself, when the counsel for the respondent Railways appearing on advance notice stated that the writ petition had become infructuous as the respondent Railways had taken complete possession of the premises in question on 06.07.2011 and had also handed over the site for construction of coaching terminal. The said statement of the respondent Railways was controverted by the appellant and in view of the conflicting stands with regard to possession, status quo was directed to be maintained.

3. The facts, not i
























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