Santosh Kumari v. Gyanesh Bharti

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IN THE HIGH COURT OF DELHI AT NEW DELHI

+ CONT.CAS(C) 241/2024 & CM APPL. 8185/2024, CM APPL. 8205/2024 SANTOSH KUMARI ..... Petitioner Through:

Mr. O.P. Gupta, Advocate versus GYANESH BHARTI ..... Respondent Through:

Mr. Dhanesh Relan, SC for MCD with Mr. Arindam Dey, Mr. Aditya Pandey, Ms. Brinda Batra, Advocates for MCD (M:9910247777)

CORAM:

HON'BLE MS. JUSTICE MINI PUSHKARNA

O R D E R

% 12.02.2024 CM APPL. 8205/2024 (For Exemption) 1.

Exemption allowed, subject to just exceptions. 2.

Application is disposed of.

CM APPL. 8185/2024 (For Condonation of Delay) 3.

The present is an application seeking condonation of delay in re-filing the petition.

4.

Considering the averments made in the application, the delay of 10 days in re-filing the present petition is condoned. 5.

Application is disposed of, accordingly.

CONT.CAS(C) 241/2024 6.

The present petition has been filed alleging willful disobedience of the The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

order dated 22nd February, 2023 passed in W.P.(C) 14426/2022. The said writ petition had been filed by the petitioner seeking de-sealing of the property bearing no. D-97, Lord Krishha Road, Adarsh Nagar, Delhi. By the aforesaid order dated 22nd February, 2023, the writ petition was disposed of with directions to the respondent to treat the said petition as representation of the petitioner and to decide the same within a period of four weeks. 7.

It was further directed that the undertaking given by the petitioner with respect to the stoppage of the alleged misuse of the subject property in violation of MPD-2021, was required to be considered, at the time of deciding the representation.

8.

Learned counsel for the petitioner submits that the aforesaid order was not complied with earlier. However, after filing of the present petition, the petitioner has received a copy of the speaking order dated 19th December, 2023 issued by the office of the Deputy Commissioner, Civil Lines Zone, Municipal Corporation of Delhi ("MCD").

9.

Per contra, learned counsel for respondent- MCD submits that the speaking order in compliance of the directions passed by this Court had been issued on 19th December, 2023 and copy of the same was also supplied to the petitioner.

10.

Learned counsel for respondent- MCD has handed over a copy of the said speaking order dated 19th December, 2023 issued by the Office of Deputy Commissioner, Civil Lines Zone, MCD. The same is taken on record.

11.

By the aforesaid speaking order dated 19th December, 2023, the application/representation of the petitioner for de-sealing of the subject property has been held to be non-maintainable and has been dismissed. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

12.

Accordingly, it is held that the respondent has complied with the directions issued vide order dated 22nd February, 2023. 13.

Liberty is granted to the petitioner to challenge the aforesaid speaking order dated 19th December, 2023, in accordance with law. 14.

With the aforesaid directions, the present petition is disposed of. MINI PUSHKARNA, J FEBRUARY 12, 2024/au The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.