Smt. Nathiya Devi Vs New Delhi Municipal Council & Anr.

$~39

* IN THE HIGH COURT OF DELHI AT NEW DELHI

- W.P.(C) 3263/2017 and C.M. Appl. 14223/2017

SMT. NATHIYA DEVI ..... Petitioner Through: Mr. Kirti Uppal, Senior Advocate with Ms. Aastha Dhawan, Ms. Wamika Trehan and Ms. Gauri P. Desai, Advocates

¶5

versus

¶6

NEW DELHI MUNICIPAL COUNCIL & ANR. ..... Respondents Through: Mr. Sri Harsha Peechara, ASC for NDMC with Mr. Nilesh Sawhney, Advocate with Mr. YVVJ Rajshekhar, Director (Enforcement)

¶7

CORAM: HON'BLE MR. JUSTICE J.R. MIDHA

¶8

O R D E R % 31.05.2017

¶9

C.M. Appl. 22193/2017

¶10

Allowed, subject to just exceptions.

¶11

C.M. Appl. 22192/2017

¶12

Issue notice. Learned counsel for the respondents accepts notice.

¶13

Learned senior counsel for the petitioner submits that the Estate Officer has passed the eviction order dated 26^th May, 2017 copy whereof has been placed on record as Annexure-C with this application.

¶14

Learned counsel for the respondents submits that the petitioner has remedy of appeal against the order dated 26^th May, 2017 before the District Judge.

¶15

At this stage, learned senior counsel for the petitioner, on instructions from the petitioner, seeks permission to withdrawn the writ petition as well

¶16

as this application with liberty to file an appeal against the order dated 26^th May, 2017 passed by the Estate Officer.

¶17

The writ petition and the pending applications are dismissed as withdrawn with liberty to the petitioner to file an appeal before the District Judge. The petitioner is at liberty to urge the grounds raised in this writ petition in the appeal.

¶18

The respondents shall withhold coercive action against the petitioner till 09^th June, 2017 to enable the petitioner to file the appeal.

¶19

The date of 04^th September, 2017 is cancelled.

¶20

Copy of this order be given dasti to counsels for the parties under signatures of the Court Master.

¶21

J.R. MIDHA, J.

¶22

MAY 31, 2017 rsk

Smt. Nathiya Devi v. New Delhi Municipal Council & Anr.

Case brief

What is this about?

What did the court decide?

Smt. Nathiya Devi v. New Delhi Municipal Council & Anr.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Parties & counsel

Coram

Case details

Similar cases

The Hindu Educational Trust Vs University of Delhi and Anr.

M/S. Avtec Limited Vs Dy. Commissioner of Income Tax

Avtec Limited Vs Dy. Commissioner of Income Tax

Ridhi Bhagat Vs Govt. of NCT of Delhi

Reckitt Benckiser Healthcare (India) Pvt. Ltd. Vs Union of India & Anr.

Ganshyam Gehani Vs Bses Rajdhani Power Limited and Ors.

Air Vice Marshal B.K. Sood, Vsm Vs Union of India & Ors.

Abdulla Javed Azmi & Ors. Vs National Highway Authority of India & Ors.

Harjit Singh Vs Rehabilitation Ministry Employees Co-Operative House Building Society Ltd.

M/S Dugar Spices & Etables Pvt. Ltd. Vs Dilip Kumar Rungta

Vinay Khurana Vs Shweta Khurana

Central Bank of India Vs Suman Chadha & Ors.

Suman Devi & Ors. Vs North Delhi Municipal Corporation & Ors.

Suresh Chand Bansal Vs North Delhi Municipal Corporation