Suman Devi & ORS v. North Delhi Municipal Corporation & ORS

$~35 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ W.P.(C) 5192/2017 SUMAN DEVI & ORS ..... Petitioners Through:

Ms. Mallika Parmar, Adv.

versus NORTH DELHI MUNICIPAL CORPORATION & ORS ..... Respondents Through:

Mr. Sanjeev Singh and Mr. R.

Pandey, Advs. for GNCTD/Delhi Police.

Ms. Sandhya Kohli, Adv. for NDMC.

CORAM:

HON'BLE MR. JUSTICE J.R. MIDHA

O R D E R

% 31.05.2017 CM No.22123/2017 Allowed, subject to just exceptions.

W.P.(C) 5192/2017 & CM No.22122/2017 The petitioner has challenged the order dated 24th May, 2017 passed by North Delhi Municipal Corporation.

Learned counsel for NDMC submits that the writ petition is not maintainable as the remedy of appeal before the MCD Tribunal is available to the petitioner under Section 347B(f) of the MCD Act. The writ petition as well as application is dismissed with liberty to the petitioner to file an appeal before the MCD Tribunal. The petitioners are at liberty to take all grounds urged in this writ petition before the MCD Tribunal.

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

J.R. MIDHA, J.

MAY 31, 2017/ak