Smt. Nathiya Devi v. New Delhi Municipal Council & ANR

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IN THE HIGH COURT OF DELHI AT NEW DELHI

+ W.P.(C) 3263/2017 and C.M. Appl. 14223/2017 SMT. NATHIYA DEVI ..... Petitioner Through:

Mr. Kirti Uppal, Senior Advocate with Ms. Aastha Dhawan, Ms.

Wamika Trehan and Ms. Gauri P.

Desai, Advocates versus NEW DELHI MUNICIPAL COUNCIL & ANR.

..... Respondents Through:

Mr. Sri Harsha Peechara, ASC for NDMC with Mr. Nilesh Sawhney, Advocate with Mr. YVVJ Rajshekhar, Director (Enforcement)

CORAM:

HON'BLE MR. JUSTICE J.R. MIDHA

O R D E R

% 31.05.2017 C.M. Appl. 22193/2017 Allowed, subject to just exceptions.

C.M. Appl. 22192/2017 1.

Issue notice. Learned counsel for the respondents accepts notice. 2.

Learned senior counsel for the petitioner submits that the Estate Officer has passed the eviction order dated 26th May, 2017 copy whereof has been placed on record as Annexure-C with this application. 3.

Learned counsel for the respondents submits that the petitioner has remedy of appeal against the order dated 26th May, 2017 before the District Judge.

4.

At this stage, learned senior counsel for the petitioner, on instructions from the petitioner, seeks permission to withdrawn the writ petition as well

as this application with liberty to file an appeal against the order dated 26th May, 2017 passed by the Estate Officer.

5.

The writ petition and the pending applications are dismissed as withdrawn with liberty to the petitioner to file an appeal before the District Judge.

The petitioner is at liberty to urge the grounds raised in this writ petition in the appeal.

6.

The respondents shall withhold coercive action against the petitioner till 09th June, 2017 to enable the petitioner to file the appeal. 7.

The date of 04th September, 2017 is cancelled. 8.

Copy of this order be given dasti to counsels for the parties under signatures of the Court Master.

J.R. MIDHA, J.

MAY 31, 2017 rsk