Basant Kumar Jain v. Govt Of NCT Of Delhi & ORS.

$~39 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 7915/2020, CM APPL. 25900/2020, 7693/2021 & 35393/2023 BASANT KUMAR JAIN .....Petitioner Through:

Mr. Sudhir Naagar, Mr. Mohit Singh, Advs.

versus GOVT OF NCT OF DELHI & ORS.

.....Respondents Through:

Ms. Avni Singh, Panel Counsel with Mr. Rushikanta, Adv. for R-1 Ms. Risha Dixit, Adv. for R-2 Mr. Gaurav Kumar Jain, R-3 inperson

CORAM:

HON'BLE MS. JUSTICE TARA VITASTA GANJU

O R D E R

% 03.03.2025 1.

The present Petitioner has been filed by the Petitioner inter alia seeking the following prayers:

"1. Issue a writ of certiorari or any other appropriate writ, order or direction thereby quashing the impugned order dated 10.09.2020 (Annexure P/1) passed by the Ld. Divisional Commissioner, Government of NCT of Delhi in Appeal No. 222/Sec- 16/2020/348 titled 'Anuja Hooda Jain & Anr. Vs. Basant Kumar Jain & Ors.' filed under The Maintenance and Welfare of Parents and Senior Citizens Act 2007 and to restore the eviction order dated 17.02.2020 passed by the District Magistrate (Shahdara), Delhi;

2. Issue a writ of mandamus or any other appropriate writ, order or direction thereby directing immediate enforcement of eviction order dated 17.02.2020 passed by the District Magistrate (Shahdara), Delhi, in case titled Sh. Basant Kumar Jain vs. Gaurav Jain & Ors." 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 05/03/2025 at 14:59:18

2.

Learned Counsel for the parties submit that during the pendency of the present Petition, the Petitioner has passed away. Subsequently, the legal representatives of the Petitioner had filed an Application bearing CM. APPL. 35393/2023 for substitution of legal representatives, which was opposed by the Respondent No.2.

3.

Learned Counsel for the Petitioner, on instructions from the legal representatives of the Petitioner, submits that the rights in the Petition were in 'personam' and he wishes to withdraw the Petition and CM. APPL. 35393/2023 with liberty to take appropriate steps in accordance with law. 3.1 Liberty as sought for is so granted.

4.

The present Petition and all pending Applications are accordingly disposed of.

5.

TARA VITASTA GANJU, J MARCH 3, 2025/jn Click here to check corrigendum, if any 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 05/03/2025 at 14:59:18