Disposed

Santosh Kumari v. Gyanesh Bharti

Delhi HC12 Feb 2024CONT.CAS(C)/241/2024

Case brief

AI extract

What is this about?

Disposal of three applications. Exemption allowed subject to exceptions. Condonation of 10-day delay granted. Contempt petition dismissed after finding respondent complied with prior directions and granting liberty to challenge the initiating order.

What did the court decide?

Exemption allowed subject to exceptions; 10-day delay condoned; liberty granted to challenge the speaking order dated 19th December 2023.

Santosh Kumari Vs Gyanesh Bharti — Delhi HC (2024) — LawSathi Research

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$~104

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IN THE HIGH COURT OF DELHI AT NEW DELHI

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- CONT.CAS(C) 241/2024 & CM APPL. 8185/2024, CM APPL. 8205/2024

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SANTOSH KUMARI ..... Petitioner

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Through: Mr. O.P. Gupta, Advocate

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versus

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GYANESH BHARTI ..... Respondent

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Through: Mr. Dhanesh Relan, SC for MCD with Mr. Arindam Dey, Mr. Aditya Pandey, Ms. Brinda Batra, Advocates for MCD (M:9910247777)

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CORAM: HON'BLE MS. JUSTICE MINI PUSHKARNA

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O R D E R % 12.02.2024

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CM APPL. 8205/2024 (For Exemption)

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Exemption allowed, subject to just exceptions.

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Application is disposed of.

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CM APPL. 8185/2024 (For Condonation of Delay)

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The present is an application seeking condonation of delay in re-filing the petition.

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Considering the averments made in the application, the delay of 10 days in re-filing the present petition is condoned.

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Application is disposed of, accordingly.

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CONT.CAS(C) 241/2024

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The present petition has been filed alleging willful disobedience of the

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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 16/12/2024 at 15:01:10

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order dated 22^nd February, 2023 passed in W.P.(C) 14426/2022. The said writ petition had been filed by the petitioner seeking de-sealing of the property bearing no. D-97, Lord Krishha Road, Adarsh Nagar, Delhi. By the aforesaid order dated 22^nd February, 2023, the writ petition was disposed of with directions to the respondent to treat the said petition as representation of the petitioner and to decide the same within a period of four weeks.

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It was further directed that the undertaking given by the petitioner with respect to the stoppage of the alleged misuse of the subject property in violation of MPD-2021, was required to be considered, at the time of deciding the representation.

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Learned counsel for the petitioner submits that the aforesaid order was not complied with earlier. However, after filing of the present petition, the petitioner has received a copy of the speaking order dated 19^th December, 2023 issued by the office of the Deputy Commissioner, Civil Lines Zone, Municipal Corporation of Delhi (“MCD”).

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Per contra, learned counsel for respondent- MCD submits that the speaking order in compliance of the directions passed by this Court had been issued on 19^th December, 2023 and copy of the same was also supplied to the petitioner.

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Learned counsel for respondent- MCD has handed over a copy of the said speaking order dated 19^th December, 2023 issued by the Office of Deputy Commissioner, Civil Lines Zone, MCD. The same is taken on record.

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By the aforesaid speaking order dated 19^th December, 2023, the application/representation of the petitioner for de-sealing of the subject property has been held to be non-maintainable and has been dismissed.

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This is a digitally signed order.

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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 16/12/2024 at 15:01:10

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Accordingly, it is held that the respondent has complied with the directions issued vide order dated 22^nd February, 2023.

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Liberty is granted to the petitioner to challenge the aforesaid speaking order dated 19^th December, 2023, in accordance with law.

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With the aforesaid directions, the present petition is disposed of.

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MINI PUSHKARNA, J

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FEBRUARY 12, 2024 /au

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This is a digitally signed order.

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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 16/12/2024 at 15:01:10

Santosh Kumari v. Gyanesh Bharti

Case brief

What is this about?

What did the court decide?

Santosh Kumari v. Gyanesh Bharti

Case brief

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What did the court decide?

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