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High Court of DelhiW.P.(C)/4173/2017

Ramesh Chand v. State Of NCT And ORS

2018-04-19Hon'Ble Mr. Justice V. Kameswar Rao3 pages

$~25 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 4173/2017 RAMESH CHAND ..... Petitioner Through:

Mr. S.K. Pal, Adv.

versus STATE OF NCT AND ORS ..... Respondents Through:

Mr. Santosh Kr. Tripathi, ASC with Mr. Shashank Tiwari and Mr. Parth Vasisth, Advs. for R1 and R6.

Mr. Mukesh Gupta, Standing Counsel with Ms. Shashi Gupta, Adv. for NDMC.

Mr. Sanjay Goswami, Adv. for R3 to R5.

Inspector Satendra Mohan, SHO and SI Anuj Singh, PS-H.N. Din.

CORAM:

HON'BLE MR. JUSTICE V. KAMESWAR RAO

O R D E R

% 19.04.2018 CM. No. 2104/2018 (for exemption) Exemption allowed subject to all just exceptions. Application stands disposed of.

W.P.(C) 4173/2017 Present petition has been filed by the petitioner with the following prayers:

"In the above mentioned facts and circumstances, it is most respectfully prayed that this Hon'ble Court may graciously be pleased to pass appropriate orders: -

a) Issue a writ of certiorari or any other appropriate writ order or direction in the nature of certiorari calling for the records pertaining to property NO. 4749, Khasra No. 865/352 in general and property No. 4749, shop No. 10 in particular.

b) Issue a writ of mandamus or any other writ / order / direction in the nature of mandamus directing the Respondent No. 2 to not carry out demolition in property No. 4749, Khasra No. 865/352, shop No. 10.

c) Issue a writ of mandamus or any other writ / order / direction in the nature of mandamus directing the Respondent No.1 to inspect the premises and file a report prepared by structural engineer during his inspection. d) Issue a mandamus or any other writ / order / direction in the nature of mandamus directing the respondent no.6 to not to allow illegal demolition by Respondent no.1 in connivance with the Respondent no. 3-5 and its associates.

e) And for other related reliefs as this Hon'ble Court may deem fit;

In substance, it is the submission of the learned counsel for the petitioner that petitioner has filed this petition seeking a direction against respondent no.2 not to demolish Shop No.10, Property No. 4749, Khasra No. 865/352, Central Road, Bhogal, New Delhi. Mr. Sanjay Goswami, learned counsel appearing for the respondent nos. 3 to 5 states, the said respondents have no intention to demolish the Shop No.10 which at present is in the occupation of the petitioner herein. The said statement is taken on record.

In view of the statement made by Mr. Goswami, learned counsel for the petitioner states, this shall satisfy the grievance of the petitioner in this petition and requests the petition be disposed of. Ordered accordingly.

CM Nos. 22201/2017, 28308/2017, 28309/2017 & 2103/2018 In view of the order passed in the petition, these applications have become infructuous and dismissed as such.

V. KAMESWAR RAO, J APRIL 19, 2018/jg