Suresh Kumar Jawa v. Delhi Development Authority & ORS.

$~ * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 7408/2016 SURESH KUMAR JAWA ..... Petitioner Through: Petitioner in person.

versus DELHI DEVELOPMENT AUTHORITY & ORS. ..... Respondents Through: Mr. Arun Birbal, Advocate with Mr. Sanjay Singh, Advocate for DDA.

Mr. Vivek Goyal, Advocate for respondent No.3/UOI.

CORAM:

HON'BLE MR. JUSTICE MANMOHAN

O R D E R

% 22.08.2016 CM Appl. 30438/2016 (exemption) in W.P.(C) 7408/2016 Allowed, subject to just exceptions.

W.P.(C) 7408/2016 & CM Appl. 30437/2016 Though the present writ petition has been filed challenging the judgment dated 18th July, 2016 passed by Appellate Tribunal, MCD, as well as for possession of a full size shop, yet this Court is of the view that the averments with regard to arbitrary reduction of the size of the shop cannot be considered in a writ petition as several disputed questions of fact arise for consideration.

At this stage, petitioner, who appears in person, states that he confines his relief to setting aside the judgment dated 18th July, 2016 passed by the

Appellate Tribunal, MCD.

Since an appeal is maintainable against the order of the Appellate Tribunal, MCD, this Court is of the opinion that the petitioner has an alternate effective remedy.

Consequently, present writ petition and application are dismissed with liberty to the petitioner to file an appeal against the said order. In the event, the said appeal is filed within a period of four weeks, the same shall not be dismissed on the ground of limitation. Order dasti.

MANMOHAN, J AUGUST 22, 2016 js