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Delhi HC allows Moitra to withdraw plea against notice for immediately vacating govt residence

New Delhi, Feb 2, 2024
The Delhi High Court on Friday allowed Trinamool Congress leader Mahua Moitra to withdraw her petition challenging the eviction notice by Directorate of Estates to vacate the government bungalow that was allotted to her but cancelled following her expulsion from the Lok Sabha.

On January 18, the court had refused to stay the eviction notice issued to expelled Lak Sabha MP.

Since Moitra has already vacated the premises, her counsel said that the plea has become infructuous.

“Petitioner is already stated to have vacated the accommodation in question. Petition is dismissed as withdrawn,” said Justice Sachin Datta.

Justice Girish Kathpalia had, on January 18, dismissed Moitra’s application, considering the pending issue of her expulsion from Lok Sabha before the Supreme Court.

The court had noted that the matter of extending the time to vacate the government accommodation is closely linked to her expulsion issue, and currently, she has no right to the accommodation. It had said that the court is not inclined to invoke jurisdiction under Article 226 of the Constitution at this stage to restrain the operation of the impugned eviction order.

“Accordingly, the application stands dismissed,” the court had said.

It said that Moitra, having been allotted government accommodation due to her status as a Member of Parliament, has lost that status upon expulsion. Moitra had moved the court in December last year contesting the Directorate of Estates’ order cancelling her government accommodation and instructing her to vacate by January 7, 2024.

On January 4, Justice Subramonium Prasad had asked Moitra to approach the Estates Directorate for permission to continue occupation of the government-allotted accommodation, noting that the regulations allowed authorities to grant temporary overstay for residents under exceptional circumstances.

The Directorate had issued a notice to Moitra to vacate the bungalow immediately.

Moitra, expelled from the Lok Sabha on December 8 for alleged unethical conduct, challenged the expulsion in the Supreme Court.(Agency)

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