Smt Geeta Devi v. Pooja & ORS.
$~33 *
IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(C) 784/2024 & CM APPL. 3394/2024 SMT GEETA DEVI .....Petitioner Through:
Mr. Omprakash Gupta, Mr. Radhy Shyam, Advocates.
versus POOJA & ORS.
.....Respondents Through:
Mr. Vikram Aggarwal, Advocate for R-1 (9212717379).
Mr. Amit Sharma, Mr. Dipesh Sinha, Ms.
Aparna Singh, Advocates for R-2 and (office@sharmachambers.com.
Mob-9818087744).
CORAM:
HON'BLE MR. JUSTICE PRATEEK JALAN
O R D E R
% 12.11.2024 1.
This petition under Article 226 of the Constitution has been filed against a judgment dated 10.10.2023 passed by the Court of the Additional District Judge in an election petition filed by the petitioner herein.
2.
The prayers in the writ petition are as follows: "a. Issue a writ mandamus and / or any appropriate writ, order or direction in the nature of mandamus and quash and set aside the impugned order dated 10.10.2023 passed by Ms. Vandana, Ld. ADJ, Central District, Tis Hazari Courts, Delhi.
b, Issue a writ mandamus and /or any appropriate writ, order or direction in the nature of mandamus thereby directing the Ld. Trial W.P.(C) 784/2024 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 14/11/2024 at 11:56:45
Court to decide the EP No.1/2023 on merits.
c. Pass such other further orders as this Hon'ble Court may deem fit and proper in the facts and circumstances of the case." 3.
The judgments of the Supreme Court in Radhey Shyam & Anr. vs. Chhabi Nath & Ors., [(2015) 5 SCC 423] and Life Insurance Corporation of India vs. Nandini J. Shah & Ors., [(2018) 15 SCC 356], clearly lay down that the remedy under Article 226 of the Constitution is not available against judicial orders.
4.
The petitioner, therefore, seeks permission to withdraw the writ petition with liberty to the petitioner to take recourse to such proceedings as may be available to her in law.
5.
The writ petition, alongwith pending application, is dismissed as withdrawn with liberty as aforesaid.
PRATEEK JALAN, J NOVEMBER 12, 2024 "Bhupi"/ W.P.(C) 784/2024 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 14/11/2024 at 11:56:45