Babita Tokas v. South Delhi Municipal Corporation

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IN THE HIGH COURT OF DELHI AT NEW DELHI

+ W.P.(C) 8187/2018 & CM Nos. 31358-59/2018 BABITA TOKAS ..... Petitioner Through:

Mr. Medhanshu Tripathi, Mr.

Ashiwan Mishra and Mr. Manoj Sehgal, Advocates versus SOUTH DELHI MUNICIPAL CORPORATION ..... Respondent Through:

Ms. Meena Sharma, Advocate for R-1 Mr. Ravi Kumar, AE, SDMC

CORAM:

HON'BLE MR. JUSTICE SIDDHARTH MRIDUL

O R D E R

% 06.08.2018 The present proceedings under Article 226 of the Constitution of India have been instituted on behalf of the petitioner praying for a direction to the South Delhi Municipal Corporation (hereinafter referred to as 'SDMC') not to take any coercive action against the property bearing no. 65E, Munirka Village, Delhi.

After some arguments, learned counsel appearing on behalf of the petitioner seeks leave to withdraw this petition with liberty to approach the ATMCD with a statutory appeal, in accordance with law, assailing the order impugned in the present proceedings.

Leave and liberty granted.

Needless to state that, in view of the imminent action proposed to be taken by the SDMC against the subject property, the ATMCD shall hear the

proposed appeal, if filed within a week from today, as expeditiously as possible, in accordance with law.

Learned counsel appearing on behalf of the SDMC on instructions states that, no action is proposed to be taken in relation to the subject property in the next couple of days. A copy of this order be given dasti to the counsel for the parties, under the signatures of the Court Master. SIDDHARTH MRIDUL, J AUGUST 06, 2018 P