← Library
High Court of DelhiW.P.(C)/10410/2018

Bhim Sain Banwari Lal (P) Ltd. v. New Delhi Municipal Council And ANR.

2025-01-28Hon'Ble Ms. Justice Jyoti Singh2 pages

$~15 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 10410/2018 and CM APPL. 40525/2018 BHIM SAIN BANWARI LAL (P) LTD.

.....Petitioner Through:

Mr. Jai Sahai Endlaw, Advocate.

versus NEW DELHI MUNICIPAL COUNCIL AND ANR......Respondents Through:

Mr.

Mananjay Kumar Mishra, Mr.Ganesh Kumar Bhatt and Mr. Bhanu Raj, Advocates for Respondents/NDMC.

CORAM:

HON'BLE MS. JUSTICE JYOTI SINGH

O R D E R

% 28.01.2025 1.

This writ petition is preferred on behalf of the Petitioner under Article 226 of the Constitution of India assailing the impugned letter dated 24.09.2018.

2.

Status report is stated to have been filed on behalf of the Respondents but the same is not on record. Copy of the same has been handed over in Court by learned counsel for Respondents during the course of hearing and is taken on record.

3.

It is stated by counsel for NDMC that during the pendency of the writ petition, NDMC has resorted to proceedings under the Public Premises (Eviction of Unauthorised Occupants) Act, 1971 and a petition under Sections 5 and 7 has been filed, which is currently pending before the Estate Officer.

W.P.(C) 10410/2018 The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 01/07/2025 at 20:28:30

4.

Mr. Jai Sahai Endlaw, learned counsel for the Petitioner, on instructions, seeks to withdraw this writ petition to defend the proceedings before the Estate Officer.

5.

In view of the proceedings before the Estate Officer, this writ petition is disposed of as withdrawn, along with pending application. It is made clear that this Court has neither entered into nor expressed opinion on the merits of the case and therefore, neither filing nor disposal of this writ petition will come in the way of the parties before the Estate Officer. All rights and contentions of the parties are left open, including the legality or otherwise of the impugned letter dated 24.09.2018, which was assailed in the present writ petition.

JYOTI SINGH, J JANUARY 28, 2025 B.S. Rohella W.P.(C) 10410/2018 The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 01/07/2025 at 20:28:30