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High Court of DelhiCONT.CAS(C)/1510/2025

Uma Shankar v. State Govt Of NCT Of Delhi & ORS.

2025-10-13Hon'Ble Mr. Justice Amit Sharma3 pages

$~92 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CONT.CAS(C) 1510/2025 & CM APPL. 63775/2025 (Direction) UMA SHANKAR .....Petitioner Through:

In person.

versus STATE GOVT OF NCT OF DELHI & ORS.

.....Respondents Through:

Mr. Anubhav Gupta, Panel Counsel (Civil), GNCTD.

CORAM:

HON'BLE MR. JUSTICE AMIT SHARMA

O R D E R

% 13.10.2025 1.

This hearing has been done through hybrid mode. CM APPL. 63774/2025 (Exemption) 2.

Allowed, subject to all just exceptions. The application is disposed of. CONT.CAS(C) 1510/2025 & CM APPL. 63775/2025 (Direction) 3.

The present petition under Sections 10 and 12 of the Contempt of Courts Act, 1971 read with Section 151 of the CPC seeks the following prayers:

"I) To pass an Order to punish the Respondent No.2 for not complying the Orders dated 23.01.2025 and 22.07.2025 announced in the CM (M) 3650/24 and Contempt Case No.348/25 both bearing title as, "Mr. Uma Shankar Mehta .... V/s ..... State (NCT of Delhi) & Ors." to punish the Respondent No.2 as a Contemnor by passing an Order to declare the Contemndor to the Respondent No.2 may kindly be granted to the Petitioner by punish the Respondent No.2 with an Order in favour of the Petitioner and against the Respondent No.2 by allowing the Contempt Petition in favour of the Petitioner and against the Respondent No.2 as per law in the interest of justice.

II) To pass an Order by g1vmg the directions to the concerned area P.S. Chhawala, Delhi to prepare a police raiding party along with The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

the SHO for the raiding of the suit property as stated above by removing the Respondent No.3 and 4 from the suit property as stated above by hand over the vacant physical possession of the suit property to the Petitioner herein may kindly be granted to the Petitioner by allowing this Contempt Petition by giving the proper directions to the SHO of P.S. Chhawla, Delhi be granted in favor of the Petitioner and against the Respondents according to provisions of law in the interest of justice. Any other Order/Direction/Relief(s) which this Ld. Hon'ble Court may kindly deem fit and proper according to the circumstances of this matter may kindly be granted /awarded to the Petitioner as per law in the interest of justice."

4.

Vide order dated 23.01.2025 in CM(M) 3650/2024, the learned Single Judge of this Court passed the following directions: "2. Learned counsel for the petitioner submits that petitioner is a senior citizen and has made a complaint in the office of Deputy Commissioner, Kapashera on 01.03.2024 that his wife and son have beaten him and has made request that the possession of his house be restored, but no action has been taken on his complaint till date.

3. Learned counsel places reliance on Rule XXII (3) of The Delhi Maintenance and Welfare of Parents and Senior Citizen Rules, 2009 which provides the procedure for eviction from property/residential building of senior citizen/parents. 4.

The only request made before this Court is that necessary directions be issued to Deputy Commissioner, Kapashera for expediting action on the complaint dated 01.03.2024. 5.

None appears on behalf of the respondents today. 6.

Since a limited prayer has been made, the petition is disposed of with directions to respondent No.1 to take necessary action on the complaint dated 01.03.2024 as per the law in an expeditious manner."

5.

It is pertinent to note that the petitioner, who appears in person, had also filed a contempt case being CONT.CAS(C) 348/2025 for disobedience of the aforesaid order dated 23.01.2025 passed in CM(M) 3650/2024. 6.

In the aforesaid contempt petition, an order dated 22.07.2025 was The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

passed by the learned Single Judge of this Court to the extent that the petitioner was to appear before the SDM, Kapashera on 30.07.2025 at 02:00 PM and thereafter, his complaint will be disposed by the competent authority in terms of order dated 23.01.2025. Order dated 22.07.2025 reads as under: "1. Counsel appears for respondent no.1/Sub-Divisional Magistrate (SDM), Kapashera, Delhi and submits that they have intimated the petitioner to appear before the SDM so that his complaint can be decided in an expeditious manner.

2. The petitioner, who is present in person, submits that he is ready to appear before the SDM.

3. It is directed that the petitioner shall appear before the SDM, Kapashera, Delhi, on 30th July, 2025, at 2.00 PM.

4. A direction is issued to the SDM, Kapashera, Delhi, to decide the complaint filed by the petitioner in an expeditious manner, not exceeding two (2) months from today."

7.

The aforesaid contempt petition has been disposed of vide order of the even date, as the speaking order dated 19.09.2025 has been passed by the District Magistrate.

8.

In view of the order passed by the District Magistrate, in pursuance of this Court's order dated 23.01.2025, the aforesaid prayers in the present petition are not maintainable. Accordingly, the present petition is dismissed and disposed of.

9.

Needless to state that the petitioner, who appears in-person, is always at liberty to challenge the order dated 19.09.2025 passed by the District Magistrate before the competent jurisdiction/Authority. 10.

Pending application(s), if any, also stands disposed of. AMIT SHARMA, J OCTOBER 13, 2025/bsr/sg The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.