Kk Jain v. P.K.Gupta & ANR

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IN THE HIGH COURT OF DELHI AT NEW DELHI

+ CONT.CAS(C) 461/2012 KK JAIN ..... Petitioner Through:

Mr. Rajat Manchanda, Adv.

alongwith petitioner is person.

versus P.K.GUPTA & ANR ..... Respondents Through:

Ms. Shobha Gupta, Mr. Rajesh Sachdeva and Mr. Ankit Malhotra, Advs. for NDMC

CORAM:

HON'BLE MR. JUSTICE J.R. MIDHA

O R D E R

% 15.01.2016 1.

Learned counsel for the respondents submits that the North Delhi Municipal Corporation inspected the area in question in terms of the order dated 10th February, 2012 passed by this Court in W.P.(C) No.812/2012 and thereafter took a decision that no action for removal of encroachment was warranted in terms of the order dated 10th February, 2012. Copy of the decision taken by the MCD is handed over and taken on record. Copy of the same is furnished to counsel for the petitioner. 2.

The petitioner is not satisfied with the decision taken by the Municipal Corporation. The petitioner has a remedy for challenging the said decision. However, no case for Contempt of Court is made out. 3.

The contempt petition is, therefore, dismissed with liberty to the petitioner to seek appropriate legal remedies available in law against the decision taken by the Municipal Corporation including the right to file a fresh writ petition.

4.

A copy of the order be given dasti to learned counsel for the parties. J.R. MIDHA, J.

JANUARY 15, 2016/rb