Arun Bajaj And ANR. v. District Magistrate (East) And ANR.

$~72 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 10437/2024, CM APPL. 42921/2024, CM APPL.42920/2024 ARUN BAJAJ AND ANR.

.....Petitioners Through:

Mr. Gaurav Seth, Mr. Pulkit Sikka and Mr. Ashutosh Mishra, Advocates.

versus DISTRICT MAGISTRATE (EAST) AND ANR. .....Respondents Through:

Mr. Raghnendra Upadhyay, Panel counsel with Ms. Purnima Jain and Mr. Vaibhav Tripathi, Advocates for R-1.

CORAM:

HON'BLE MR. JUSTICE SANJEEV NARULA

O R D E R

% 30.07.2024 1.

The Petitioners are facing eviction from the property bearing H. No. 114, First Floor, Veer Savarkar Block, Shakarpur, Delhi-110092 pursuant to order passed by the District Magistrate on an application filed by Respondent No. 2 under the Maintenance and Welfare of Parents and Senior Citizens Act, 2007 and rules framed thereunder. On 12th July, 2024, the Petitioners exercised their right of appeal before the Divisional Commissioner as provided under the Delhi Maintenance and Welfare of Parents and Senior Citizen (Amendment) Rules, 2016. However, on account of vacancy in the position of Divisional Commissioner, their appeal has not been taken up for hearing. This vacancy thus impedes the Petitioners from seeking a timely relief against the eviction order, thereby affecting their The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

rights.

2.

In light of the ongoing delay in hearing of their appeal due to the vacancy in the office of the Divisional Commissioner, the Petitioners have approached this Court seeking interim relief. Specifically, they request a stay on the enforcement of the eviction order dated 19th June, 2024, until the resolution of their application for interim relief, which is pending before the Divisional Commissioner.

3.

In light of the circumstances noted above, the Court is particularly mindful of the consequences that may arise from enforcing the eviction order while the Petitioner's appeal remains unheard. The potential for irreparable harm to the Petitioner, should they be evicted unjustly, underscores the need for a cautious approach. Given that the Petitioner has not had an effective opportunity to contest the eviction due to administrative delays in hearing the appeal, the Court finds it appropriate to intervene temporarily to maintain the status quo and prevent potential injustice. Accordingly, it is directed that the enforcement of the eviction order dated 19th June, 2024, shall be suspended. This suspension will remain in effect until the Divisional Commissioner assumes office and considers the Petitioner's application for interim relief. This measure is only intended to ensure that the Petitioner is not deprived of their property without due process, thereby safeguarding their rights pending the outcome of the appeal.

4.

The Divisional Commissioner shall first decide the said interim application after hearing the parties, and thereafter proceed to adjudicate the appeal on its merits. The Divisional Commissioner is directed to expeditiously decide the appeal preferred by the Petitioner. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

5.

The petition is disposed of in the above terms. 6.

It is clarified that the Court has not examined the merits of the case and no opinion has been expressed thereon.

7.

All rights and contentions of the parties are left open and the Divisional Commissioner shall adjudicate the appeal on its own merits, in accordance with law.

SANJEEV NARULA, J JULY 30, 2024 as The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.