Writ petitions concerning disputes arising from a notification under the DMC Act were withdrawn at the petitioners' request, following an earlier similar order, with liberty to seek redressal before the civil court.
Petitions dismissed as withdrawn with liberty to approach the civil court of competent jurisdiction.
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$~77 & 78
CHETWANI (SINCE DEAD) THROUGH LRS. SATBIR
..... Petitioner Through: Mr. Jamnesh Kumar, Mr. Shishu Pal Singh and Mr. Rajpal Singh, Advocates.
versus GOVT OF NCT OF DELHI & ORS. ..... Respondents Through: Ms. Mehak Nakra, ASC (Civil) and Mr. Devansh Solanki, Advocate for R-1 78 + W.P.(C) 4937/2024, CM APPL. 20217/2024, CM APPL. 20218/2024 & CM APPL. 20219/2024
ATTAR SINGH SINCE DEAD THROUGH LRS ..... Petitioner Through: Mr. Jamnesh Kumar, Mr. Shishu Pal Singh and Mr. Rajpal Singh, Advocates. versus
GOVT OF NCT OF DELHI & ORS. ..... Respondents Through: Mr. Rishikesh Kumar, ASC with Ms. Sheenu Priya, Mr. Atik Gill and Mr. S.K. Shukla, Advocates.
CORAM:
HON'BLE MR. JUSTICE TUSHAR RAO GEDELA
This is a digitally signed order.
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O R D E R
% 04.04.2024
(The proceeding has been conducted through Hybrid Mode)
“1. Learned counsel submits that since the impugned order dated 31.07.2023 has rejected the case bearing Appeal No. 65-83/1997 captioned as “Gaon Sabha Pandwala Khurd vs. Phool Singh & Ors.” on the basis of the notification under Section 507(a) of the DMC Act, 1957 dated 16.05.2017 coupled with the reliance on the ratio laid down by the Supreme Court in Mohinder Singh (Dead) Through LRs and Anr. vs. Narain Singh and Ors reported in 2023 SCC OnLine SC 261 , the petitioner be permitted to raise the present dispute before the court of competent jurisdiction.
2. In view of the aforesaid statement and keeping in view the judgments of this Court in W.P.(C) 16180/2023 captioned as Umrao Singh vs. Govt. of NCT of Delhi & Ors., Radiance Fincap (P) Ltd. vs. State (NCT) of Delhi reported in 2023 SCC OnLine Del 3432 and Praveen Jain vs. Financial Commissioner & Others in W.P.(C) 3827/2024 dated 14.03.2024 , the petitioner is permitted to withdraw the present petition for adjudicating the disputes raised therein before the civil court of competent jurisdiction.
3. In view of the above, the present petition along with pending applications is dismissed as withdrawn with the liberty so sought, granted.”
This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 15/04/2024 at 12:10:02
TUSHAR RAO GEDELA, J
APRIL 4, 2024/ ns
This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 15/04/2024 at 12:10:02
1 issue framed by the court
Whether the petitioners should be permitted to withdraw the writ petitions to pursue their disputes before the competent civil court, as done in a similar petition.
Chetwani (since dead) through LRs Satbir
Govt of NCT of Delhi & Ors.
Attar Singh since dead through LRs
Govt of NCT of Delhi & Ors.
Tushar Rao Gedela
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
