Archana Srivastava And ORS v. Ashwani Kumar And ORS

$~4 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CONT.CAS(C) 1067/2024 & CM APPL. 39083/2024 ARCHANA SRIVASTAVA AND ORS .....Petitioners Through:

Mr. Anupam Srivastava, Sr. Advocate with Mr. Parth Chaturvedi, Advocate.

versus ASHWANI KUMAR AND ORS .....Respondents Through:

Mr. Akhil Mittal, Standing Counsel for MCD (through V.C.) SI Omkant Yadav, PS Hauz Qazi.

CORAM:

HON'BLE MR. JUSTICE MANOJ JAIN

O R D E R

% 29.01.2025 1.

Learned Senior Counsel for the petitioners, at the very outset, submitted that he has specific instructions that the property in question is not lying sealed.

2.

However, such assertion has been negated by learned counsel for respondent/MCD. He submits that as per the action taken report already filed by them, the property in question was sealed but somebody tampered with the seal for which, FIR has also been directed to be registered and a communication was sent to the SHO, PS, Hauz Qazi to do the needful. It is informed that FIR has already been registered.

3.

Learned counsel for the respondents also submits that, as on date, partial demolition has already taken place and the property is lying sealed and is not habitable from any angle whatsoever. CONT.CAS(C) 1067/2024 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 01/02/2025 at 10:27:15

4.

After hearing arguments for some time, learned Senior Counsel for the petitioners, on instructions, seeks permission to not press the present contempt petition, at the moment. He, however, seeks liberty to revive it at the later stage in case need so arises or if there is any further tampering with the seal or raising of any construction. 5.

The petition is disposed of as not pressed. Liberty, as prayed, is granted.

MANOJ JAIN, J JANUARY 29, 2025 st/ss CONT.CAS(C) 1067/2024 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 01/02/2025 at 10:27:15