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High Court of DelhiW.P.(C)/767/2019

Muskaan v. Divisional Commissioner Government Of NCT Of Delhi And ORS.

2019-01-24Hon'Ble Mr. Justice Vibhu Bakhru2 pages

$~28 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ W.P.(C) 767/2019 MUSKAAN ..... Petitioner Through:

Mr Mayank Sapra and Mr Arjun Natarajan, Advocates.

versus DIVISIONAL COMMISSIONER GOVERNMENT OF NCT OF DELHI AND ORS.

..... Respondents Through:

Ms Shobhana Takiar, Advocate for R-1, 2, 4 & 5.

Ms Amrita Prakash, CGSC for UOI with Ms Nidhi Raman with Mr Hari Shankar Sharma, Advocates for R-6.

CORAM:

HON'BLE MR. JUSTICE VIBHU BAKHRU

O R D E R

% 24.01.2019 CM No.3330/2019 1.

Allowed, subject to all just exceptions.

W.P.(C) 767/2019 & CM Nos. 3328/2019 & 3329/2019 2.

The petitioner has filed the present petition, inter alia, impugning a notice dated 09.01.2019, passed by the Block Development Officer (South), whereby the petitioner has been directed to vacate the premises in question (Multi Purpose Community Centre, Dera Village). 3.

Ms Takiar, learned counsel appearing for respondent nos.1, 2, 4 and 5, submits that the petitioner has already approached the Court of the

State Commissioner For Persons with Disabilities, National Capital Territory of Delhi, for a similar relief and directions have been issued to the respondents to comply with the Record of Proceedings (RoP) dated 02.01.2019, whereby the respondents were directed not to take any coercive steps against the petitioner without making appropriate arrangements for the stay and care of the inmates of the premises in question. She further states on instructions that the said directions would be complied with and the apprehension of the petitioner, that they would be evicted without complying with the aforesaid directions is unfounded. 4.

The respondents are bound by the statement made by Ms Takiar. The petitioner shall also comply with the directions, if any, issued by the Commissioner.

5.

In view of the above, learned counsel appearing for the petitioner seeks to withdraw the present petition with liberty to file afresh, if a cause so arises.

6.

The petition is dismissed as withdrawn, with the aforesaid liberty. 7.

Order dasti under signatures of the Court Master. VIBHU BAKHRU, J JANUARY 24, 2019 MK