% 13. % 02.07.2010 Present:- Mr. A.K. Singia, Sr. Adv. with Mr. J.K. Sharma, Adv. for the petitioner. Mr. Rajiv Bansal for the respondent/DDA. + C.M. No. 8613/2010 in W.P.fC.) No. 4340/2010 * Exemption as prayed for is granted subject to all just exceptions. ^.P.(C.)No.4340/2010&C.M.No.8612/2010(forinterimrelief) The dispute in this writ pietition pertains to LIG Flat bearing No. 403, First Floor, Pocl<et-9, Nasir Pur Phase-I, Dwarka, New Delhi. The said flat was alloted by the DDA to one Mr. Rajeshwar Lai and this allotment was done on 11.12.2003/19.01.2004. The allottee Mr. Rajeshwar Lai died issueless inte state without leaving any testament on 28.06.2007. After his death, the DDA mutated the .|^ aforementioned flat in the name of one of his brothers Mr. Ramesh Kumar on 27.03.2008. Later on without cancelling the said mutation, the DDA again effected mutation of the aforementioned , > flat in favour of the deceased allottee's another brother Mr. Sudershan Lai (respondent No. 3 herein) on 23.01.2009. The respondent No. 3 Mr. Sudershan Lai in whose favour mutation of the flat in question was done sold the said flat to respondent No. 4 Mr. Hemant Verma on 03.02.2009. W.P.(C.)No.4340/2010 page 1 of 4 Digitally Signed By:AMULYA Certify that the digital file and physical file have been compared and the digital data is as per the physical file and no page is missing. Signature Not Verified 1 The grievance of the petitioner in this writ petition is that before DDA had effected nriutation of the flat in question in favour of respondent No. 3, he had already purchased the said flat from the earlier owner Mr. Ramesh Kumar, in whose favpur the mutation was already done by the DDA and thereby his-right in the said flat has been adversely affected. He has filed this writ petition seeking quashing of impugned order of respondent No. 2 dated 23.01.2009 mutating the flat in question in the name of respondent No. 3. Mr. Rajiv Bansal accepts notice of this writ petition on behalf of respondents No. 1 & 2. . With the consent of counsel for both the parties, this writ petition has been taken up. for final disposal at this stage because counsel for both the parties have agreed for passing of a consent order in the matter to the following effect: The respondents No. 1 & 2 shall reconsider the mutation of the flat in question in the name of rightful owner and while considering the same, they will give a hearing to all the legal heirs of the deceased allottee Mr. Rajeshwar Lai. The petitioner shall not be entitled to any hearing in mutation proceedings as he will have his remedy before the civil court in appropriate proceedings as per law. Mr. Rajiv Bansal, learned counsel appearing on behalf of the respondents No. 1 & 2, says that his client may not have the details of all the legal heirs of the deceased allottee Mr. Rajeshwar Lai and W.P.(C.)No.4340/2010 page 2 of 4 f- •xr- for the time being they are in possession of details of two of his legal heirs namely Mr. Ramesh Kumar & Mr. Sudershan Lai to whom notice for fresh hearing of mutation shall be sent by the DDA and they will be asked to state on affidavit the details of ail other legal heirs left by the deceased allottee Mr. Rajeshwar Lai and on such information being furnished, hearing shall be given by the DDA to all ^^uch personswho may have an interestin the capacityof legal heirs of the deceased allottee as per law. After giving hearing to all the concerned legal heirs of the deceased allottee in regard to the mutation of flat in question the DDA shall pass a fresh order of mutation. The petitioner shall have his legal remedy in regard to the flat in question before the civil court in appropriate proceedings as per ' law. Till the time fresh decision, on mutation of flat in question is taken by the DDA, its earlier decisions mutating the flat in question in favour of Mr. Ramesh Kumar and in respect of respondent No. 3 d Mr. Sudershan Lai shall be kept in abeyance and till that time the petitioner shall maintain status-quo in regard to the said flat. However, this status-quo order shall not prejudice or affect the civil proceedings that may be taken by the petitioner. W.P.(C.)No.4340/2010 page.3of4 A 'f 1 Fresh decisionwith regardto the mutationofflat in questionin ^ favour of rightful persons shall be taken by the DDA as expeditiously as possible. This writ petition stands disposed of in terms referred above. ^ JULY 02, 2010 S.N.AGGARWAUJ •BSR' W.P.(C.)No.4340/2010 page 4 of 4 4J