Writ petition seeking to restrain disconnection of the petitioner's electricity connection pursuant to an order issued in an unauthorised-construction FIR. The court found no such direction was actually issued and dismissed the petition as infirmity-free.
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MOHD UMAR .....Petitioner Through: Mr. Shahzed Ahmed, Mr. Adeel Ahmad Khan, Mr. Wasil Khan and Ms. Shashi Kumar, Advocates.
versus
STATE OF NCT OF DELHI & ORS. .....Respondents Through: Mr. Yasir Rauf Ansari, ASC with SI Munafaij, P.S.Jamia Nagar. Mr. Tushar Sannu, Standing Counsel for MCD. Mr. Sharique Hussain, Advocate for R-2.
CORAM:
HON'BLE MS. JUSTICE NEENA BANSAL KRISHNA
O R D E R % 11.09.2024
CRL.M.A. 25901-02/2024 ( Seeking Exemption )
W.P.(CRL) 2640/2024 & CRL.M.A.25900/2024 (Stay)
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 04/07/2025 at 03:20:45
registered against the petitioner on 18.05.2023 in regard to the alleged unauthorised construction carried out by respondent No.3. It is submitted that the learned M.M without taking cognizance or without summoning the petitioner, has sought compliance of the order of this Court in Kalyan Sansthan Social Welfare Organization Vs. Union of India . It is submitted that no punitive action by way of disconnection of electricity can be directed by the learned M.M without the trial and finding the petitioner guilty of unauthorised construction. Such Order seeking compliance from BSES is contrary to law.
NEENA BANSAL KRISHNA, J
SEPTEMBER 11, 2024 rk
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 04/07/2025 at 03:20:45
2 issues framed by the court
Whether respondent No.2 could be restrained from disconnecting the petitioner's electricity connection in furtherance of the impugned order dated 29.02.2024.
Whether the learned M.M.'s order seeking compliance with a High Court judgment unlawfully directed disconnection of electricity without adjudication.
Colour shows how this judgement treated each authority
Kalyan Sansthan Social Welfare Organization Vs. Union of IndiaReferred
Kalyan Sansthan Social Welfare Organization Vs. Union of India
2 provisions across 2 enactments
Mohd Umar
State of NCT of Delhi
Respondent No. 2
Respondent No. 3
Neena Bansal Krishna
As recorded by the court registry
A constitutional writ petition in a criminal context, most commonly habeas corpus or a challenge to an FIR or detention order.
Judgements on the same questions, provisions and authorities, from every court
