Criminal Miscellaneous Application sought to challenge factual averments in a disposed-of Public Interest Litigation. The Single Judge held the application was not tenable as the writ petition was disposed of without reliance on said averments and the appropriate authority remained competent to address factual disputes.
Application dismissed
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.
$~28
SHAHID ATIQ ..... Petitioner Through: Mr. Sherafgon, Adv. for the applicant
Versus
COMMISSIONER NDMC AND ORS. ..... Respondents Through: Ms. Namrata Mukim, Adv. with Ms.Kashpi Agrawal, Adv. for R-1
CORAM: HON'BLE THE CHIEF JUSTICE HON'BLE MR. JUSTICE C.HARI SHANKAR
O R D E R % 02.09.2019
CRL.M.A.9363/2019
This application has been preferred under Sections 340 and 195 of the Criminal Procedure Code, 1978. This application has been preferred to point out to this Court that there were several averments made by the original petitioner in the writ petition which are factually incorrect. Since original petitioner was an interested party in the writ petition, hence his W.P.(C) 5611/2018, as a public interest litigation, was not tenable at law.
Having heard the counsel for the applicant and looking into the order dated 08.10.2018 passed in W.P.(C) 5611/2018, we find no reason to entertain this application for the following reasons:
Page 1 of 3.
W.P.(C) 5611/2018
In view of the aforesaid order passed by this Court, the averments and allegations made in the memo of the writ petition have not influenced this Court so far as demolition or otherwise of the property in question is concerned.
However, we grant liberty to this applicant to prefer such application, if so advised, before the appropriate forum in accordance with law.
W.P.(C) 5611/2018
Page 2 of 3.
With the aforesaid observation, the criminal miscellaneous application is hereby dismissed.
CHIEF JUSTICE
C.HARI SHANKAR, J
SEPTEMBER 02, 2019/ ns
Page 3 of 3.
W.P.(C) 5611/2018
3 issues framed by the court
Whether a criminal miscellaneous application challenging facts alleged in a disposed-of public interest litigation is maintainable when allegations were not relied upon by this Court in disposing the
Whether factually incorrect averments in the memo of a disposed writ petition can be controverted separately after the underlying property demolition proceedings are initiated:
Whether a fresh application is required if action has already been taken by the appropriate Committee leading to demolition.
1 provisions across 1 enactments
SHAHID ATIQ
COMMISSIONER NDMC AND ORS.
C.HARI SHANKAR
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
