IRSHAD IRTIZA HUSSAIN Vs. UNION OF INDIA

JUDGEMENT

(1.) RULE . Rule made returnable forthwith. The petition is heard finally with the consent of the learned counsel for the parties.

(2.) BY this petition, the petitioner challenges the circular/notification issued by the respondent no.1 on 14.12.2010 curbing the right of residence under the General Pool Residential Accommodation being violative of Sections 4 to 7 of the Recovery of Debts Due to Banks and Financial Institutions Act, 1993 and the Rules framed thereunder. The petitioner further challenges the order issued by the respondent no.3 on 10.06.2011 asking the petitioner to pay damages for overstaying in the premises for the period from 04.01.2011 to 01.04.2011.

(3.) MS . Udeshi, the learned counsel for the petitioner, states that the learned counsel for the Union of India has handed over a copy of the circular issued by the Government of India on 28.05.2012, which permits the allottees under the General Pool Office and Residential Accommodation to further retain the premises beyond 04.01.2011, till 21.08.2012. The learned counsel for the petitioner states that in view of the circular issued by the Union of India on 28.05.2012, the grievance of the petitioner as regards the relief sought by Prayer Clauses (a) and (b) of the petition stands redressed. The learned counsel for the petitioner further states that the prayer made in Prayer Clause (c) of the petition still survives and it is necessary for this Court to hold, specially in view of the Circular dated 28.05.2012, that the petitioner would not be liable to pay damages for overstaying in the premises after 04.01.2011 till 01.04.2011 and would be liable to pay the normal license fee only.