High Court of DelhiW.P.(C)/3533/2018

Mayank Sharma v. South Dlehi Municipal Corporation

2018-05-04Hon'Ble Mr. Justice V. Kameswar Rao2 pages

$~3 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 3533/2018 MAYANK SHARMA ..... Petitioner Through:

Mr. Kshitij Kumar, Adv.

versus SOUTH DLEHI MUNICIPAL CORPORATION ..... Respondent Through:

Mr. Anil Panwar, Mr. Abhimanyu Chauhan and Mr. Pulkit Bajaj, Advs.

CORAM:

HON'BLE MR. JUSTICE V. KAMESWAR RAO

O R D E R

% 04.05.2018 This petition has been filed by the petitioner with the following prayers:

"It is, therefore, most respectfully prayed that this Hon'ble Court may graciously be pleased to:- "a. set aside / quash the impugned sealing notice / order notice bearing No.D/46/MU/EE (BLDG.)- I/CENT.ZONE/2018 dated 14.03.2018 under section 345-A of the Delhi Municipal Act, 1957, passed by the Ld. Deputy Commissioner, Central Zone, South Delhi Municipal Corporation in respect of Property Bearing No. Plot No.1, Ground Floor, Taimoor Nagar, Village-Kilokari, New Delhi b. Pass any other further order (s) as this Hon'ble Court may deem fit and proper in the facts and circumstances of the case, in favour of the petitioner."

When the matter was listed on April 11, 2018, this court passed the

following order:- "The challenge in this writ petition is to a sealing notice dated March 14, 2018. It is the submission of the learned counsel for the petitioner that the petitioner has approached the ATMCD but the hearing of the appeal could not take place as the post of Presiding Officer, ATMCD is vacant.

As I have listed similar matters on April 25, 2018, re-notify this writ petition on 25th April, 2018. Till that date, no coercive action shall be taken against the petitioner." As the ATMCD has started functioning, I relegate the parties to the ATMCD. The parties shall appear before the ATMCD on May 16, 2018, when the Tribunal shall consider the appeal / stay application filed by the petitioner de-novo without being influenced by the protection granted by this court.

Till May 16, 2018, interim protection granted by this court on April 11, 2018 shall continue.

The parties shall produce this order for perusal and consideration of the Tribunal.

Petition stands disposed of.

CM No. 13964/2018 (for stay) The application has become infructuous. The same is disposed of as such.

Dasti.

V. KAMESWAR RAO, J MAY 04, 2018/jg