Jitender Rathi v. Vikas Gupta & ANR.

$~117 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CONT.CAS(C) 672/2024 & CM APPL. 24592/2024 JITENDER RATHI ..... Petitioner Through:

Mr. Rajeev Ranjan Pandey & Mr.

Mukesh Kumar Pandey, Advs.

M: 9667553608 Email:

advocaterajeevranjan@gmail.com versus VIKAS GUPTA & ANR.

..... Respondents Through:

Mr. Tushar Sannu, SC with Ms. Puja Kalra, SC for MCD M: 9911991166 Email: adv.tusharsannu@gmail.com

CORAM:

HON'BLE MS. JUSTICE MINI PUSHKARNA % 29.04.2024

O R D E R

CM APPL. 24592/2024 (For Exemption) 1.

Exemption allowed, subject to just exceptions. 2.

Application is disposed of.

CONT.CAS(C) 672/2024 3.

The present petition has been filed alleging willful disobedience of the rd order dated 03 August, 2022 passed in W.P.(C) No. 12992/2021. 4.

By way of the aforesaid order, the following directions had been passed :

"xxx xxx xxx

4. Be that as it may, without going into the aforesaid controversy, this 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 01/05/2024 at 12:16:27

Court deems it expedient to direct that on petitioner supplying the documents as demanded in the letter dated 11.03.2021 within one week from today, the respondent shall consider the petitioner's application seeking regularization afresh in accordance with law. xxx xxx xxx"

5.

Learned counsel appearing for the petitioner submits that despite the aforesaid directions, the application of the petitioner seeking regularization has not been decided as yet.

6.

Per contra, learned counsel appearing for the respondent-Municipal Corporation of Delhi ("MCD"), on advance notice, has handed over a copy of the order dated 11th November, 2022 passed by the Building Department - I, South Zone, MCD. By referring to the aforesaid order, it is submitted that the application of the petitioner seeking regularization, has already been rejected by way of the aforesaid order dated 11th November, 2022.

7.

At this stage, learned counsel appearing for the petitioner submits that copy of the aforesaid order was never supplied to the petitioner. Copy of the same has now been handed over to the learned counsel appearing for the petitioner during the course of hearing.

8.

Accordingly, the present petition is disposed of. However, liberty is granted to the petitioner to seek his remedies in accordance with law, against the order dated 11th November, 2022, by way of which, his application for regularization, was rejected.

MINI PUSHKARNA, J APRIL 29, 2024/kr 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 01/05/2024 at 12:16:27