Faisal Meharbaan v. North Delhi Municipal Corporation

$~3 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 4744/2019 FAISAL MEHARBAAN ..... Petitioner Through:

Mr. A.K. Singla, Sr. Adv. with Mr. Ashwani Kumar, Adv.

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

Mr. Ajjay Aroraa and Mr. Kapil Dutta, Advs.

CORAM:

HON'BLE MR. JUSTICE V. KAMESWAR RAO

O R D E R

% 02.07.2019 CM No. 25346/2019 The present application has been filed by the petitioner with the following prayers:

"For meeting the ends of justice and in the facts and circumstances stated above, it is, respectfully prayed that this Hon'ble Court be pleased to:

Recall order dated 20.05.2019 passed in above mentioned writ petition Any other relief which this Hon'ble Court may deem fit and proper in the facts and circumstances of the case, may also be passed in favour of the appellants and against the respondent / MCD."

One of the grounds urged for filing the writ petition is that ATMCD is not functional. Noting the fact that the ATMCD has been made functional, I have disposed of the writ petition on May 20, 2019 extending the protection

granted by this court on May 3, 2019. Subsequently, an application has been filed by the petitioner seeking recall of order dated May 20, 2019 on the ground that ATMCD is still not functioning. I have been informed by Mr. A.K. Singla, learned Sr. Counsel for the petitioner and Mr. Kapil Dutta, learned counsel for the respondent Nr. DMC that the ATMCD has started functioning and the appeal as well as the stay application are listed before the ATMCD on July 19, 2019. If that be so, I extend the protection granted by this court on May 3, 2019 and continued on May 20, 2019 till July 19, 2019 when the ATMCD shall consider the appeal and the stay application and pass appropriate orders in accordance with law. In view of the above, the application has become infructuous and disposed of as such.

V. KAMESWAR RAO, J JULY 02, 2019/jg