High Court of DelhiW.P.(C)/2137/2020

Dinesh Rana & ORS. v. Sdm (Alipur) & ORS.

2020-02-25Hon'Ble Mr. Justice Jayant Nath2 pages

$~A-37 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ W.P.(C) 2137/2020 DINESH RANA & ORS.

..... Petitioners Through Mr.Parvinder Chauhan, Mr.Nitin Jain and Mr.Rahul Adhana, Advs.

versus SDM (ALIPUR) & ORS.

..... Respondents Through Mr.Anupam Srivastava, ASC with Mr.Dhairya Gupta and Mr.Ankit Vashist, Advs. for R-1/SDM & R-3.

Ms.Sandhya Kohli and Mr.Siddharth Agarwal, Advs. for R-2.

CORAM:

HON'BLE MR. JUSTICE JAYANT NATH

O R D E R

% 25.02.2020 This writ petition is filed by the petitioners seeking a writ of certiorari for quashing/setting aside the impugned order dated 01.02.202 by which order a direction has been issued to the petitioners to remove illegal construction being carried out by the petitioners on the land bearing khasra No.49(1-15), Village Jindpur, Delhi and intimate the office of the same otherwise appropriate steps would be taken by the respondents. Learned counsel for the petitioners submits that the petitioners are residing in the area of other than what forms part of khasra No.49(1-15). He states that the petitioners reside in the houses situated within the limits of laldora/abadi of Village Jindpur, Delhi. He further submits that it appears that the respondents have carried out some fresh demarcation behind the back of the petitioners and are hence now issuing the impugned order. Learned counsel has entered appearance on behalf of respondents

No.1 and 3, and submits that instead of approaching the respondents, the petitioners have approached this court.

In the interest of justice, let respondents No.1 and 3 treat this writ petition as representation of the petitioners. The petitioners/their authorised representatives may be given a hearing on this representation by the concerned learned SDM on 05.03.2020 at 2:00 P.M. The representation, thereafter, shall be disposed of by the learned SDM by a speaking order. The said order will be communicated to the petitioners. Till the three days from the date of receipt of the speaking order by the petitioners, no coercive action shall be taken against the petitioners. In case, the petitioners are aggrieved by the said order of the learned SDM, liberty is granted to the petitioners to take steps as per law against the said order.

With the above direction the petition is disposed of. All pending applications, if any, are also disposed of.

A copy of this order be given dasti under the signatures of the court master.

JAYANT NATH, J.

FEBRUARY 25, 2020/v