Sardara Singh v. Municipal Corporation Of Delhi

$~60 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 2444/2025 and CM APPL. Nos. 11617/2025 SARDARA SINGH .....Petitioner Through:

Mr. Anuj Kumar Garg, Advocate.

versus MUNICIPAL CORPORATION OF DELHI .....Respondent Through:

Mr. Vikas Chopra, Standing Counsel for MCD.

CORAM:

HON'BLE MS. JUSTICE JYOTI SINGH

O R D E R

% 28.02.2025 CM APPL. 11618/2025 1.

Allowed, subject to all just exceptions.

2.

Application stands disposed of.

W.P.(C) 2444/2025 and CM APPL. Nos. 11617/2025 3.

This writ petition is preferred on behalf of the Petitioner under Article 226 of the Constitution of India for a direction to MCD to pass order desealing property bearing Plot No.D-7/2, Okhla Industrial Area, Phase-II, New Delhi sealed on 11.11.2005.

4.

From a reading of the writ petition, it is clear that Petitioner filed a Civil Suit bearing No.82576/2016 before the Trial Court for a direction to MCD to de-seal the premises and hand over physical possession, which was dismissed vide judgment and decree dated 28.04.2017 as time barred. Appeal bearing RCA No.127/2017 filed against the said decree was dismissed on 19.02.2019. No steps have been taken to assail the said orders by the Petitioner and in my view, this writ petition is not the appropriate remedy.

5.

After canvassing some arguments learned counsel for the Petitioner W.P.(C) 2444/2025 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 07/03/2025 at 14:40:47

seeks to withdraw this writ petition to take recourse to appropriate remedies including challenging the Appellate order dated 19.02.2019. 6.

Writ petition is disposed of as withdrawn along with pending application, without entering into the merits of the case, with liberty to take recourse to appropriate remedies, in accordance with law. Question of limitation which may arise if the Petitioner takes recourse to any other remedy is left open.

JYOTI SINGH, J FEBRUARY 28, 2025/YA W.P.(C) 2444/2025 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 07/03/2025 at 14:40:47