This order addresses the maintainability of a writ petition challenging an MCD order. The Court observed that an appeal remedy exists under Section 347B(f) and dismissed the petition, granting liberty to approach the MCD Tribunal.
Liberty to file an appeal before the MCD Tribunal on the grounds urged in the writ petition.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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NORTH DELHI MUNICIPAL CORPORATION & ORS ..... Respondents Through: Mr. Sanjeev Singh and Mr. R. Pandey, Advs. for GNCTD/Delhi Police. Ms. Sandhya Kohli, Adv. for NDMC.
CORAM:
HON'BLE MR. JUSTICE J.R. MIDHA
O R D E R % 31.05.2017
CM No.22123/2017
Allowed, subject to just exceptions.
W.P.(C) 5192/2017 & CM No.22122/2017
The petitioner has challenged the order dated 24th May, 2017 passed by North Delhi Municipal Corporation.
Learned counsel for NDMC submits that the writ petition is not maintainable as the remedy of appeal before the MCD Tribunal is available to the petitioner under Section 347B(f) of the MCD Act.
The writ petition as well as application is dismissed with liberty to the petitioner to file an appeal before the MCD Tribunal. The petitioners are at liberty to take all grounds urged in this writ petition before the MCD Tribunal.
Copy of this order be given dasti to counsels for the parties under signature of Court Master.
J.R. MIDHA, J.
MAY 31, 2017/ak
1 issue framed by the court
Whether the writ petition is maintainable when an appeal remedy under Section 347B(f) of the MCD Act is available.
1 provisions across 1 enactments
SUMAN DEVI & ORS
NORTH DELHI MUNICIPAL CORPORATION & ORS
J.R. MIDHA
As recorded by the court registry
A petition under Article 226 of the Constitution asking a High Court to issue a writ against the State or a public authority in a civil matter.
Judgements on the same questions, provisions and authorities, from every court
