Ms. Shail Shukla v. Shubhashish Panda, Vc, Dda

$~85 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CONT.CAS(C) 1742/2023 & CM APPL. 29418/2024 MS. SHAIL SHUKLA ..... Petitioner Through:

Mr. Udit Sah & Mr. Dilip Singh, dvs.

versus SHUBHASHISH PANDA, VC, DDA ..... Respondent Through:

Ms. Manika Tripathy, SC with Ms.

Sapna Chauhan, Adv. for DDA.

M: 7840020100 Email:

advocatesapnachauhan@yahoo.com

CORAM:

HON'BLE MS. JUSTICE MINI PUSHKARNA % 16.05.2024

O R D E R

CM APPL. 29418/2024 1.

After some arguments, learned counsel appearing for the petitioner seeks to withdraw the present application.

2.

Accordingly, the present application is dismissed as withdrawn. CONT.CAS(C) 1742/2023 3.

Learned counsel appearing for the respondent points out that against th October, 2023 passed in W.P.(C) No. 8519/2011, an the judgment dated 16 appeal being LPA No. 292/2024 had been filed by the respondents. She further submits that the said appeal has been dismissed vide order dated 10th April, 2024, with liberty to file a review petition within a period of four weeks.

th April, 2024, passed by the Division Bench of this 4.

The order dated 10 Court in LPA No. 292/2024, reads as under:

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 21/05/2024 at 11:33:16

"C.M.No.21630/2024 & 21632/2024

1. Keeping in view the averments in the application, the delay in filing and re-fling the present appeal is condoned.

2. Accordingly, the applications stand disposed of. C.M.No.21631/2024

3. Exemption allowed, subject to all just exceptions.

4. Accordingly, the application stands disposed of. LPA 292/2024 & C.M.No.21629/2024

5. After some arguments, learned counsel for the appellant wishes to withdraw the present appeal with liberty to file a review petition before the learned Single Judge.

6. With the aforesaid liberty, present appeal is dismissed as withdrawn along with the application.

7. However, this Court clarifies that it has not commented on the review petition to be filed. It is directed that in the event, review petition is filed within four weeks, the same- shall not be dismissed on the ground of limitation or delay."

5.

Learned counsel for the DDA submits that in terms of the liberty granted by the Division Bench, a review petition has already been filed on 30th April, 2024 and thereafter re-filed on 08th May, 2024. Thus, she submits that the said review petition is likely to be listed shortly. 6.

Accordingly, the present petition is disposed of, with liberty to the petitioner to revive the present petition, subject to any order that may be passed in the review petition.

7.

The next date of hearing, i.e., 28th October, 2024 stands cancelled.

MINI PUSHKARNA, J MAY 16, 2024/kr 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 21/05/2024 at 11:33:16