Basant Kumar Jain v. Govt of NCT of Delhi & Ors.

Delhi HC3 Mar 2025W.P.(C)/7915/2020

Case brief

AI extract

What is this about?

Delhi High Court; W.P.(C) 7915/2020; CM APPL. 25900/2020; CM APPL. 7693/2021; CM APPL. 35393/2023; Tara Vitasta Ganju; Basant Kumar Jain; Govt of NCT of Delhi; Gaurav Jain; Gaurav Kumar Jain; Anuja Hooda Jain; Maintenance and Welfare of Parents and Senior Citizens Act 2007; Appeal No. 222/Sec-16/2020/348; Divisional Commissioner; District Magistrate Shahdara; eviction order 17.02.2020; writ of certiorari; writ of mandamus; withdrawal; in personam; substitution of legal representatives; disposed; 03.03.2025

What did the court decide?

Withdrawal of the Petition and CM. APPL. 35393/2023 permitted, with liberty to take appropriate steps in accordance with law; the Petition and all pending Applications disposed of. ¶¶17

Basant Kumar Jain Vs Govt of NCT of Delhi & Ors. — Delhi HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Withdrawal of the Petition and CM. APPL. 35393/2023 permitted, with liberty to take appropriate steps in accordance with law; the Petition and all pending Applications disposed of.

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Issue for consideration

Whether, following the Petitioner's death during pendency, the Petition — whose subject-matter rights counsel described as being 'in personam' — should be permitted to be withdrawn, together with substitution Application CM. APPL. 35393/2023, with liberty to take appropriate steps in accordance with law.

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Court's answer

The Court granted the liberty sought: counsel for the Petitioner, on instructions from the legal representatives, was permitted to withdraw the Petition and CM. APPL. 35393/2023 with liberty to take appropriate steps in accordance with law.

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Ratio / Principle

Consequent upon the permitted withdrawal, the present Petition and all pending Applications were disposed of; no substantive determination was made by this Order on the prayers regarding the Divisional Commissioner's order or the eviction order.

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Detailed headnote1 paragraphs

Basant Kumar Jain v. Govt of NCT of Delhi & Ors., W.P.(C) 7915/2020 (Delhi HC, Tara Vitasta Ganju, J., 03.03.2025): The writ petition sought (i) a writ of certiorari quashing the Divisional Commissioner's order dated 10.09.2020 (Annexure P/1) in Appeal No. 222/Sec- 16/2020/348 titled 'Anuja Hooda Jain & Anr. Vs. Basant Kumar Jain & Ors.' filed under The Maintenance and Welfare of Parents and Senior Citizens Act 2007, with restoration of the eviction order dated 17.02.2020 of the District Magistrate (Shahdara), and (ii) a writ of mandamus for immediate enforcement of that eviction order (case titled Sh. Basant Kumar Jain vs. Gaurav Jain & Ors.). During pendency the petitioner passed away; the substitution application CM. APPL. 35393/2023 filed by his legal representatives was opposed by Respondent No.2. Counsel, on instructions from the legal representatives, submitted that the rights in the Petition were 'in personam' and sought withdrawal with liberty to take appropriate steps in accordance with law. The Court granted the liberty and disposed of the Petition and all pending Applications. No substantive finding was recorded on the merits of the prayers.

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$~39

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IN THE HIGH COURT OF DELHI AT NEW DELHI

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- W.P.(C) 7915/2020, CM APPL. 25900/2020, 7693/2021 & 35393/2023

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BASANT KUMAR JAIN .....Petitioner Through: Mr. Sudhir Naagar, Mr. Mohit Singh, Advs. versus GOVT OF NCT OF DELHI & ORS. .....Respondents Through: Ms. Avni Singh, Panel Counsel with Mr. Rushikanta, Adv. for R-1 Ms. Risha Dixit, Adv. for R-2 Mr. Gaurav Kumar Jain, R-3 inperson

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CORAM:

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HON'BLE MS. JUSTICE TARA VITASTA GANJU

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O R D E R % 03.03.2025

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The present Petitioner has been filed by the Petitioner inter alia

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seeking the following prayers:

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“1. Issue a writ of certiorari or any other appropriate writ, order or direction thereby quashing the impugned order dated 10.09.2020 (Annexure P/1) passed by the Ld. Divisional Commissioner, Government of NCT of Delhi in Appeal No. 222/Sec- 16/2020/348 titled ‘Anuja Hooda Jain & Anr. Vs. Basant Kumar Jain & Ors.’ filed under The Maintenance and Welfare of Parents and Senior Citizens Act 2007 and to restore the eviction order dated 17.02.2020 passed by the District Magistrate (Shahdara), Delhi;

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2. Issue a writ of mandamus or any other appropriate writ, order or direction thereby directing immediate enforcement of eviction order dated 17.02.2020 passed by the District Magistrate (Shahdara), Delhi, in case titled Sh. Basant Kumar Jain vs. Gaurav Jain & Ors.”

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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 05/03/2025 at 14:59:18

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Learned Counsel for the parties submit that during the pendency of the present Petition, the Petitioner has passed away. Subsequently, the legal representatives of the Petitioner had filed an Application bearing CM. APPL. 35393/2023 for substitution of legal representatives, which was opposed by the Respondent No.2.

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Learned Counsel for the Petitioner, on instructions from the legal representatives of the Petitioner, submits that the rights in the Petition were in ‘personam’ and he wishes to withdraw the Petition and CM. APPL. 35393/2023 with liberty to take appropriate steps in accordance with law.

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3.1 Liberty as sought for is so granted.

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The present Petition and all pending Applications are accordingly disposed of.

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The parties shall act based on the digitally signed copy of the order.

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TARA VITASTA GANJU, J

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MARCH 3, 2025/jn

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Click here to check corrigendum, if any

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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 05/03/2025 at 14:59:18

Basant Kumar Jain v. Govt of NCT of Delhi & Ors.

Case brief

What is this about?

What did the court decide?

Basant Kumar Jain v. Govt of NCT of Delhi & Ors.

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

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