Kulbhushan Manocha v. The District Magistrate & ANR.
$~56 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 8118/2025 KULBHUSHAN MANOCHA .....Petitioner Through:
Mr. Rajiv Bajaj, Mr. Vidur Marwah and Ms. Shivani Bardia, Advocates (through VC).
versus THE DISTRICT MAGISTRATE & ANR.
.....Respondents Through:
Mr. Rishabh Sahu, Sr. Panel Counsel along with Mr. Amit Acharya (GP) and Mr. Sameer Sharma, Advocates for R-1/District Magistrate.
Mr. Manashwy Jha, Panel Counsel (Civil) for GNCTD (through VC)
CORAM:
HON'BLE MR. JUSTICE SACHIN DATTA % 30.05.2025
O R D E R
CM APPL.35462/2025 (Exemption) 1.
Allowed, subject to all just exceptions.
2.
The application stands disposed of.
W.P.(C) 8118/2025 3.
The petitioner in the present petition is aggrieved by the inaction of the District Magistrate (Central) in executing the order dated 14.05.2025 passed by the Divisional Commissioner in Appeal No. 982 of 2024. 4.
The present petition arises in the backdrop of a complaint filed by the petitioner (senior citizen) under the Maintenance and Welfare of Parents and Senior Citizens Act, 2007. It is the case of the petitioner that due to continuous harassment and threats by his daughter-in-law, he has sought relief by filing the said complaint before the District Magistrate. Pursuant to this complaint, an eviction order was passed by the District Magistrate 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 01/07/2025 at 19:41:41
(Central) on 13.03.2024, whereby his son and daughter-in-law were directed to vacate the petitioner's property bearing no. 65/7, New Rohtak Road, Karol Bagh, New Delhi-110005.
5.
It is submitted that an appeal was subsequently preferred by the petitioner's daughter-in-law against this eviction order dated 13.03.2024. However, the same was dismissed by the Divisional Commissioner vide order dated 14.05.2025 bearing PA/DivComm./Appeal No. 982/2024/105106, whereby the District Magistrate (Central) was directed to comply with the said order to ensure that the petitioner / senior citizen does not have to face any hassle.
6.
As such, it is submitted that while the final decision has been rendered in favour of the petitioner, the concerned District Magistrate has failed to execute the eviction order till date, despite an application dated 25.05.2025 moved by the petitioner requesting for the execution of the same. 7.
It is assured by the learned counsel appearing for the concerned District Magistrate / respondent no. 1, who appears on advance notice, that the execution of the order dated 14.05.2025 passed by the Divisional Commissioner in Appeal No. 982 of 2024 shall be done expeditiously. He submits that necessary action shall be taken today itself. The said statement is taken on record.
8.
Let a compliance affidavit be filed before the concerned District Magistrate.
9.
The petition is disposed of in the above terms. SACHIN DATTA, J MAY 30, 2025/r 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 01/07/2025 at 19:41:41