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2018 Supreme(Del) 1429

S.RAVINDRA BHAT, A.K.CHAWLA
Ashwini Shourie – Appellant
Versus
Directorate of Estates – Respondent


Advocates Appeared:
For the Appellant : Sh. Siddhartha Nanwal and Sh. Inder Chand with Sh. Ashwini Shorie
For the Respondent: Sh. Dayan Krishnan, Sh. Jaimon Andrews, Sh. Manuvel Mezhukanal, Sh. Rajesh Gogna, Sh. Akhilesh Kumar and Ms. Vipra Bhardwaj

JUDGMENT :

S. Ravindra Bhat, J.

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) 1070/197





























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