Abdul Mannan v. Gyanesh Bharti & ORS.

$~139 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CONT.CAS(C) 1823/2023 & CM APPL. 1239/2024 ABDUL MANNAN ..... Petitioner Through:

Mohd. Anis Ur Rehman, Advocate with petitioner in person.

Email. advanisrehman@gmail.com versus GYANESH BHARTI & ORS.

..... Respondents Through:

Mr. Ashutosh Gupta, ASC with Mr.

Abhinav Shokeen, Advocate for R-1 Mr.

Prashant and Ms.

Arani Mukherjee, Advocate with SHO Daryaganj.

SI Mahavir, PS Daryaganj.

CORAM:

HON'BLE MS. JUSTICE MINI PUSHKARNA % 09.01.2024

O R D E R

CM APPL. 1239/2024 1.

The present is an application on behalf of the petitioner under Order XXIII Rule 1 read with Section 151 of Code of Civil Procedure, 1908 ("CPC") for withdrawal of the present contempt petition. 2.

It is submitted on behalf of the petitioner that in compliance of the directions passed by this Court vide order dated 5th October, 2023 in W.P.(C) 13042/2023, the respondent has already taken demolition action in respect of the subject property. Thus, it is submitted that the petitioner is satisfied and therefore, may be permitted to withdraw the petition. 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 13/05/2024 at 12:16:16

3.

Learned standing counsel appearing for the respondent-Municipal Corporation of Delhi ("MCD") confirms the fact of action taken by the MCD and submits that the fourth floor of the property in question, which was in the nature of unauthorized construction, has been demolished completely. He further submits that action is also being taken by the MCD with respect to the deviations that exist on the other floors. 4.

Considering the aforesaid, the present application is allowed and the petitioner is allowed to withdraw the present contempt petition. Application is disposed of.

CONT.CAS(C) 1823/2023 5.

In view of the order passed by this Court in C.M. APPL. 1239/2024, the present contempt petition is dismissed as withdrawn. 6.

The next date of hearing, i.e. 30th January, 2024 is cancelled.

MINI PUSHKARNA, J JANUARY 9, 2024 ak 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 13/05/2024 at 12:16:16