Petitioner sought direction to demolish illegal construction. Court treated file as representation after inspection compromised by respondents, directing inspection and reasoned order within two weeks.
Directed respondent No.3 to inspect property within one week and pass reasoned order within two weeks.
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$~58
versus
MOHD. TAHIR HASSAN AND ORS ..... Respondents Through: Mr. Mukesh Gupta, Adv. for NDMC with Ms. S. Gupta, Adv. Mr. D. Rajeshwar Rao, Adv. forR4 & R5
CORAM: HON'BLE MR. JUSTICE V. KAMESWAR RAO
The present petition has been filed by the petitioner with the
following prayers:
“It is, therefore, most respectfully prayed that this Hon’ble Court may be pleased to
and proper in the facts and circumstances of the case be also passed in favour of the petitioner and against the respondent No.1”
Mr. Mukesh Gupta, learned counsel, who appears on advance notice
states, since the complaint of the petitioner, dated February 28, 2018 is to the extent that the respondent Nos.1 and 2 have occupied illegally an area of 2 feet 5 inches towards MCD Road, the respondent NDMC shall consider
the writ petition as a representation after inspecting the property in question and pass a reasoned order within two weeks after the inspection. The same is acceptable to Mr. Javed Ashraf Khan, learned counsel for the petitioner. The writ petition is disposed of, directing the respondent No.3 to carry out an inspection within a week from today and pass a reasoned order on the writ petition within two weeks thereafter, communicating the same to the petitioner. If the petitioner is still aggrieved, the petitioner shall be at liberty to seek appropriate remedy as available in accordance with law.
CM No. 11814/2018 (for stay)
Dismissed as infructuous.
Dasti.
V. KAMESWAR RAO, J
MARCH 23, 2018 /aky
ASIF ALI ZAIDI
MOHD. TAHIR HASSAN AND ORS.
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
