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High Court of DelhiCM(M)/3321/2024

Manoj Kumar Tyagi v. Municipal Corporation Of Delhi & ANR.

2024-09-03Hon'Ble Mr. Justice Manoj Jain2 pages

$~83 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CM(M) 3321/2024 & CM APPL. 51104/2024 MANOJ KUMAR TYAGI .....Petitioner Through:

Mr. Arun M. And Ms. Radhika C., Advocates.

versus MUNICIPAL CORPORATION OF DELHI & ANR.

.....Respondents Through:

Mr. Ajjay Aroraa, Mr. Kapail Dutta and Mr. Vansh Luthra, Advocates.

CORAM:

HON'BLE MR. JUSTICE MANOJ JAIN

O R D E R

% 03.09.2024 CM APPL. 51105/2024 (Exemption) Exemption allowed, subject to all just exceptions. CM(M) 3321/2024 1.

The petitioner has filed an appeal before the learned Appellate Tribunal, MCD. Such appeal was also accompanying an application seeking stay of the demolition.

2.

However, when the aforesaid appeal was taken up by the learned Tribunal, it directed the issuance of notice. 3.

According to the learned counsel for the petitioner, since no stay was granted by the learned Tribunal, he apprehends that the appeal may become infructuous.

4.

It is quite obvious from impugned order dated 28th August, 2024 that the appellant was duly represented before the Tribunal and it is not very clear CM(M) 3321/2024 1 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 05/09/2024 at 12:15:54

as to why the counsel for the appellant did not press the above said application seeking stay of the demolition.

5.

After hearing arguments for some time, learned counsel for the petitioner prays that he may be permitted to withdraw the present petition with liberty to file immediate application seeking early hearing with respect to the above said application seeking stay of the demolition. 6.

Learned counsel for the MCD, who appears on advance notice, has no objection if the application to that effect is moved before the learned Tribunal. 7.

The present petition stands disposed of in the aforesaid terms. MANOJ JAIN, J SEPTEMBER 3, 2024/ss CM(M) 3321/2024 2 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 05/09/2024 at 12:15:54