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High Court of DelhiLPA/488/2016

Sampati Devi v. South Delhi Municipal Corporation And ORS

2016-09-05Hon'Ble Ms. Justice Sunita Gupta,Hon'Ble Mr. Justice Sanjiv Khanna3 pages

$-12 to 15 *

IN THE HIGH

COURT OF DELHI AT NEW DELHI + LPA 488/2016 SAMPATI DEVI ..... Appellant Through Mr.

Ramesh K.

Mishra and Mr.

Krishna K. Singh, Advocates.

versus SOUTH DELHI MUNICIPAL CORPORATION AND ORS Respondent Through Ms.

Anju Gupta, Advocate for SDMC.

Mr. Satyakam, Advocate for GNCTD.

SI Sanjay Mandal, PS-K.M. Pur.

LPA 489/2016 KAMLA Appellant Through Mr.

Ramesh K.

Mishra and Mr.

Krishna K. Singh, Advocates.

versus • SOUTH DELHI MUNICIPAL CORPORATION AND ORS Respondent Through Ms. Reema Khorana, Advocate.

Mr. Anuj Aggarwal, Advocate for R-2.

LPA 490/2016 GULABBAI &ORS Appellant Through Mr.

Ramesh K.

Mishra and Mr.

ICrislinaK. Singh, Advocates.

versus SOUTHDELHIMUNICIPALCORPORATIONAND ORS Respondent Through Mr. Anuj Aggarwal,Advocatefor R2.

By:AMULYA

LPA 491/2016 BHAG WAN DAS Appellant Through Mr. Ramesh K. Mishra and Mr.

Krishna K. Singh, Advocates.

versus SOUTH DELHI MUNICIPAL CORPORATION AND ORS Respondent Through Ms. Puja Kaira, Advocate SDMC.

Mr. Santosh Kumar Tripathi, ASC for GNCTD.

CORAM:

HON'BLE MR. JUSTICE SANJIV KHANNA HON'BLE MS. JUSTICE SUNITA GUPTA

ORDER

% 05.09.2016 C.M.No.32257/2016 in LPA 488/2016 C.M.No.32259/2016 in LPA 489/2016 C.M.No.32268/2016 in LPA 490/2016 C.M.No.32270/2016 in LPA 491/2016 Exemption allowed, subject to all just exceptions. C.M.No.32267/2016 in LPA 490/2016 Delay of 2 days in filing of the appeal is condoned. The application is disposed of.

LPA 488/2016 LPA 489/2016 LPA 490/2016 LPA 491/2016 We have heard the learned counsel for the appellant, who submits that the Town Vending Committee is not functional in South Delhi Municipal

Corporation areas.

He accordingly submits that the finding recorded in the 1h order dated 12 July, 2016 that "since the Town Vending Committee is now functional" is contrary to facts on record and this has resulted in an adverse decision.

We have heard learned counsel for the respondent on the said aspect, who admitted that the Town Vending Committee has not been made functional in the South Delhi Municipal Corporation areas. In view of the aforesaid position, learned counsel for the appellant states that he would withdraw the present appeal and will move an application under Order 47 of the Code of Civil Procedure, 1908 for review tb of the order dated 12 July, 2016.

He also submits certain other issues also arise for consideration. He is at liberty to raise the said issues in accordance with the law.

The appeal is dismissed as withdrawn, with liberty to challenge the order dated 12 July, 2016, if required and necessary. ( SANJIV KHANNA, J.

SUNITA GUPTA, J.

SEPTEMBER 05, 2016 NA