Mohd. Asif v. South Delhi Municipal Corporation & ORS

$~20 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 2303/2017 MOHD. ASIF ..... Petitioner Through:

versus SOUTH DELHI MUNICIPAL CORPORATION & ORS ..... Respondents Through:

Mr. Jitendra Kr. Tripathi and Mr. Anshuman Nayak, Advs.

for R-1 Mr. Anjum Javed, ASCGNCTD with Mr. Devendra Kumar, Adv. for R-2

CORAM:

HON'BLE MR. JUSTICE C.HARI SHANKAR

O R D E R

% 12.11.2018 On 8th May, 2017, the following order was passed by this Court: "1. Respondent no.2 has filed the status report. Learned counsel for respondent no.2 submits that the demolition action has been planned for 11th May, 2017.

2. Learned counsel for respondent no.3 submits that the petitioner is not an honest litigant and appears to be a blackmailer. The petitioner is directed to file an affidavit to place on record his occupation. The petitioner shall also disclose the number of cases initiated and/or on which he is a party as well as cases disposed of and/or pending at present. The affidavit shall be filed with two weeks with advance copy to learned counsel for respondent no.3 who shall file his response within two weeks thereafter.

3. Liston30th August, 2017."

Thereafter, though the matter has been renotified on 30th August, 2017, 16th January, 2018 and 1st October, 2018, the affidavit as directed on 8th May, 2013, has not been filed. It is also noteworthy

that there has been no appearance on behalf of the petitioner either on 30th August, 2017 or on 16th January, 2018 or on 1st October, 2018. Today, too, there is no appearance on behalf of the petitioner. In these circumstances, the writ petition is dismissed. However, this order would not preclude the respondents from proceeding in accordance with law in respect of any unauthorised constructions in the area highlighted in the writ petition.

C. HARI SHANKAR, J NOVEMBER 12, 2018/kr