Ajit Nagar & ANR. v. Seema Sultan & ANR.

$~DB-19 * IN THE HIGH COURT OF DELHI AT NEW DELHI + LPA 396/2025 AJIT NAGAR & ANR.

.....Appellants Through:

Mr. Atul Verma, Mr. Virender Nagar, Mr. Ravi Kant Yadav & Ms.

Riddhima Khanna, Advs.

versus SEEMA SULTAN & ANR.

.....Respondents Through:

Mr. Atul Verma & Mr. Virender Nagar, Advs. for R-1.

Mr. Vikas Chopra, Standing Counsel with Mr. Neeraj Kumar & Mr. Dipesh Chopra, Advs. for MCD/R-2.

CORAM:

HON'BLE MR. JUSTICE TUSHAR RAO GEDELA HON'BLE MR. JUSTICE HARISH VAIDYANATHAN SHANKAR

O R D E R

% 06.06.2025 CM APPL. 36586/2025 1.

Application is allowed, subject to just exceptions. 2.

The application is disposed of.

LPA 396/2025 & CM APPL.36582-585/2025 3.

After some arguments, learned counsel for the appellants seeks permission to withdraw the present appeal with liberty to challenge the order dated 13.03.2025 passed by the competent authority, Municipal Corporation of Delhi under Section 343(i) of the DMC Act, 1957 directing demolition of 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 10/06/2025 at 11:05:45

the subject premises.

4.

Additionally, learned counsel also submits that this order was never served upon the appellants.

5.

Per contra, Mr. Vikas Chopra, learned Standing Counsel for the respondent-MCD submits that the said order was, in fact, dispatched on 18.03.2025 and delivered on 19.03.2025 according to the tracking consignment report of the Indian Posts and, thus, this submission is not available with the petitioner.

6.

Be that as it may, keeping in view the fact that the appellant submits that he never received the said demolition order, liberty is granted to the appellants to challenge the demolition order dated 13.03.2025 before the Appellate Tribunal for MCD.

7.

With the aforesaid, the writ petition is disposed of. TUSHAR RAO GEDELA, J (VACATION JUDGE) HARISH VAIDYANATHAN SHANKAR, J (VACATION JUDGE) JUNE 6, 2025/ab 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 10/06/2025 at 11:05:45