Single judge order dismissing a writ petition for prohibition regarding property demolition, noting it must approach a pending Division Bench PIL, and declaring a stay application infructuous.
Petition dismissed as withdrawn; petitioner granted liberty to approach Division Bench; stay application dismissed as infructuous.
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$~48
Through: Mr. Varun K. Chopra and Mr. Gurtej Pal Singh, Advs.
versus
SOUTH DELHI MUNICIPAL CORPORATION AND ORS. ..... Respondents Through: Mr. Ajjay Aroraa and Mr. Kapil Dutta, Advs. for SDMC. Mr. Yeeshu Jain and Ms. Jyoti Tyagi, Advs. for R2.
CORAM: HON'BLE MR. JUSTICE V. KAMESWAR RAO
This matter has been listed vide supplementary list on a mentioning made before Hon’ble the Acting Chief Justice.
CM. No. 5861/2018 (for exemption)
Exemption allowed subject to all just exceptions.
Application stands disposed of.
W.P.(C) 1419/2018
Present petition has been filed by the petitioner with the following
prayers:
deem fit and proper in the facts and circumstances of the case”.
Counsel for the petitioner concedes that action is being taken in view of a PIL being W.P.(C) 10006/2017 pending consideration before the Division Bench headed by Hon’ble the Acting Chief Justice. He also concedes to the fact that petitioner is respondent no.6 in the said writ petition.
Mr. Ajjay Aroraa, Adv. who appears for respondent / SDMC on advance notice states, pursuant to the directions of the Division Bench, respondent / SDMC has filed the status report wherein they have stated that property concerned has been booked and further action is contemplacted as per the DMC Act, 1957.
The fact that proposed action is being taken in view of the PIL pending consideration before the Division Bench wherein a status report has been filed by the respondent / SDMC, it would be appropriate for the petitioner to approach the Division Bench concerned for appropriate relief.
Accordingly, the petition is dismissed as withdrawn granting liberty to the petitioner to approach the Division Bench by day after tomorrow.
Till such time, the petitioner approaches the Division Bench, no coercive steps shall be taken.
CM No. 5862/2018 (for stay)
In view of the order passed in the writ petition, the application is dismissed as infructuous.
A copy of this order be given dasti under the Signatures of the Court Master.
V. KAMESWAR RAO, J
FEBRUARY 13, 2018 /jg
PRABHU KUNWAR
SOUTH DELHI MUNICIPAL CORPORATION
V. KAMESWAR RAO
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
