Shrawan Kumar Tanwar v. South Delhi Municipal Corporation

$~51 * IN THE HIGH COURT OF DELHI AT NEW DELHI + TR.P.(C.) 53/2026 SHRAWAN KUMAR TANWAR .....Petitioner Through:

Mr. Kartikay Sharma, Advocate.

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

Mr. Kunal Rawat, Advocate (through vc).

CORAM:

HON'BLE MR. JUSTICE AMIT SHARMA

O R D E R

% 18.03.2026 1.

This hearing has been done through hybrid mode. CM APPL. 16949/2026 (exemption) 2.

Allowed, subject to all just exceptions. The application is disposed of. TR.P.(C.) 53/2026 3.

The present petition under Section 24 read with Section 151 of the CPC seeks the following prayers:

"a) Transfer MCD Appeal No. 01/2023 titled "Shrawan Kumar Tanwar vs. South Delhi Municipal Corporation", presently pending before the Court of the Learned Principal District & Sessions Judge, New Delhi District, Patiala House Courts, along with all consequential proceedings arising therefrom, to any other competent court of coordinate jurisdiction;

b) Pass such other or further order(s) as this Hon'ble Court may deem fit and proper in the interest of justice." 4.

The present petition has been filed on account of the fact that the subject appeal, MCD Appeal No.1/2023, filed before learned Principal District and The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

Sessions Judge, Patiala House Courts, New Delhi, on behalf of the petitioner, assailing the impugned order dated 24.05.2023 passed by learned Presiding Officer, Appellate Tribunal MCD, Tis Hazari, is now listed before the same Presiding Officer/Judge, who is currently holding the Office of Principal District and Sessions Judge, New Delhi District, Patiala House Courts. It is stated that the same was owing to subsequent administrative transfers and roster allocation, and the learned Principal District and Sessions Judge would not be able to hear the subject appeal as the impugned order under challenge was passed by him.

5.

Issue notice.

6.

Learned counsel for the respondent/SDMC accepts notice. 7.

In view of the averments made in the petition and in the facts and circumstances of the case, the same is allowed. 8.

MCD Appeal No. 01/2023 titled "Shrawan Kumar Tanwar vs. South Delhi Municipal Corporation" is transferred from the Court of the learned Principal District & Sessions Judge, New Delhi District, Patiala House Courts to learned Principal District & Sessions Judge, Central District, Tis Hazari Courts, Head Quarters, Delhi. The said appeal shall be proceeded from the stage, it is being transferred.

9.

Let the records of the said appeal, pending in the Court of learned Principal District & Sessions Judge, Patiala House Courts, Delhi, be transferred to the aforesaid concerned Court within a period of 10 days. 10.

Parties are directed to appear before the learned Principal District and Sessions Judge, Tis Hazari Courts, Head Quarters, Delhi, accordingly. 11.

Copy of the order be sent to learned Principal District & Sessions Judge, New Delhi District, Patiala House Courts and learned Principal District The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

& Sessions Judge, Central District, Tis Hazari Courts, Head Quarters, Delhi for necessary information and compliance.

12.

Pending applications, if any, also stand disposed of accordingly. 13.

Order be uploaded on the website of this Court, forthwith. AMIT SHARMA, J MARCH 18, 2026/bsr The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.