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High Court of DelhiW.P.(C)/13697/2024

Narayan Singh v. Municipal Corporation Of Delhi & ORS.

2024-09-30Hon'Ble Mr. Justice Prateek Jalan2 pages

$~51 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ W.P.(C) 13697/2024 NARAYAN SINGH .....Petitioner Through:

Mr. Anukul Adhana, Advocate.

versus MUNICIPAL CORPORATION OF DELHI & ORS.

.....Respondents Through:

Mr.

Umang Tyagi, Ms.

Aditi Kapoor, Ms. Aishwarya Kapoor, Advocates for R-1 and 2.

CORAM:

HON'BLE MR. JUSTICE PRATEEK JALAN

O R D E R

% 30.09.2024 W.P.(C) 13697/2024 & CM APPL No. 57353/2024 (for interim directions) 1.

The petitioner has approached this Court under Article 226 of the Constitution, complaining of alleged illegal construction and encroachment in public land at House No. 276, Near Saini Choupal, Mundka Village, Delhi - 110041.

2.

The petitioner had earlier approached this Court with respect to the same cause of action by way of W.P.(C) 10113/2024, which was withdrawn on 10.09.2024.

3.

It is stated in the present writ petition that the petitioner has filed a suit against respondent No. 3, who is allegedly carrying on unauthorised construction, and an injunction has already been passed by the said Court W.P.(C) 13697/2024 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 04/07/2025 at 02:01:21

against further construction. The details of the suit, and the order passed therein, have not been disclosed in the writ petition. 4.

However, Mr. Anukul Adhana, learned counsel for the petitioner, states that the writ petition has been filed because the injunction order has not been complied with.

5.

The filing of a writ petition is not the appropriate remedy for noncompliance of the order of injunction passed by the Civil Court. 6.

At this stage, Mr. Adhana seeks permission to withdraw the present petition, with liberty to the petitioner to take appropriate civil remedies. 7.

The writ petition, alongwith pending application, is dismissed as withdrawn, with liberty as aforesaid.

PRATEEK JALAN, J SEPTEMBER 30, 2024 "Bhupi"/ W.P.(C) 13697/2024 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 04/07/2025 at 02:01:21