Latish Kumar & ORS. v. Union Of India & ANR

$~33 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 6215/2016 LATISH KUMAR & ORS.

..... Petitioners Through Mr. K.K. Nangia and Mr. Sushil Kumar, Advs.

versus UNION OF INDIA & ANR ..... Respondents Through Mr. Vijay Joshi, Adv. for R-1.

Mr. Nikhil Goel and Mr. Ashutosh, Advs. for R-2.

CORAM:

HON'BLE MS. JUSTICE INDERMEET KAUR

O R D E R

% 20.07.2016 W.P.(C) 6215/2016 & C.M. No.25422/2016 & C.M. No.25423/2016 The petitioners seek a prayer that respondent No. 2 should be restrained from taking further action in the course of the acquisition proceedings which they are purported to be taking. Submission is that in W.P. (C) No.6501/2015 titled Latish Kumar and Others Vs. Govt. of NCT of Delhi & Others, a status quo had been ordered on 10.7.2015 with regard to the nature, title and possession of the subject land. Contention is that the subject land of W.P. (C) No.6501/2015 is the same subject land in the present petition. On advance notice, learned counsels for respondent No. 1 & 2 have put an appearance. They are admittedly not parties in W.P. (C) No.6501/2015. Learned counsel for respondent No. 2 submits that the L & DO had handed over the possession of the suit land to

respondent No. 2 after the order dated 10.07.2015. Learned counsel for the petitioners on this count submits that this statement made by respondent No. 2 clearly amounts to a contempt of the order passed by this Court on 10.07.2015.

This Court is of the view that the petition before this Court which is an independent petition is not maintainable. Liberty is granted to the petitioners to approach the concerned Court in W.P. (C) No.6501/2015 (which is admittedly pending) and take appropriate remedy in that petition.

This petition is permitted to be withdrawn. Dismissed as withdrawn.

INDERMEET KAUR, J JULY 20, 2016