Suresh Kumar Bansal v. North Delhi Municipal Corporation & ORS

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IN THE HIGH COURT OF DELHI AT NEW DELHI

+ W.P.(C) 5705/2017 SURESH KUMAR BANSAL ..... Petitioner Through None.

versus NORTH DELHI MUNICIPAL CORPORATION & ORS ..... Respondents Through Ms. Jyoti Taneja, Adv. for NDMC/R1 Mr.

Mayank Bamniyal, Adv.

for DDA.

CORAM:

HON'BLE MR. JUSTICE A. K. CHAWLA

O R D E R

% 05.12.2017 Petitioner approached this Court seeking issuance of Writ of Mandamus, with the prayer, as follows :

"In the facts and circumstances of the present case and in the interest of justice, it is most respectfully prayed that this Hon'ble Court may kindly be pleased to issue a writ of mandamus or any other writ, order or directions thereby directing respondent no.1, 2 and 3 who are nodal authorities to keep watch on this illegal and unauthorized activities to take appropriate steps to unblock the roads/public passage adjoining the market in Pocket E-1, Bhagwan Agarsen Marg, Sector-7, Rohini, Delhi-110085 and make it fir for human as well as vehicular movement."

While none appears for the petitioner, Ms. Taneja, ld. counsel for the respondent-NDMC seeks advertence to the counter affidavit dated 28.11.2017. For the action taken in that regard, in the counter

affidavit, it is stated, as follows :

".......................................................................................................... ............................................................................................................ 3.

That in this regard, it is respectfully submitted that 4 illegal iron gates and one iron stair case installed on the public street in Pocket E-1, Bhagwan Agarsen Marg, Sector 7, Rohini, Delhi have been removed during encroachment removal action taken by the Maintenance Division of the deponent on 22.11.2017 with the help of police assistance. Photographs showing status of encroachment before and after removal action are annexed herewith and marked as Annexure-R/1 (colly).

4.

That accordingly the illegal encroachments averred by the petitioner have been completely removed and roads/passages have been unblocked as sought by the petitioner.

5.

That in view of the aforesaid action taken by the answering respondent, the relief claimed in the subject writ petition qua the answering respondent has been completely satisfied and the matter may be disposed of in the interest of justice qua the answering respondent."

In view of the action taken and the fact that no one turned up for the petitioner to refute anything, the petition does not survive any further and stands disposed off accordingly.

A. K. CHAWLA, J DECEMBER 05, 2017 rc