Nathia Devi v. N D M C And ORS

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IN THE HIGH COURT OF DELHI AT NEW DELHI

+ W.P.(C) 12226/2016 NATHIA DEVI ..... Petitioner Through Mr. Mukul Talwar, Sr. Advocate with Ms. Wamika Trehan and Ms. Gauri P.

Desai, Advocates versus NDMC AND ORS.

...... Respondents Through Mr.

Vivek Saharya, ASC for NDMC with Mr. Mananjay Mishra and Mr.

Harish Sainy, Senior Assistant from NDMC.

CORAM:

HON'BLE MR. JUSTICE CHANDER SHEKHAR

O R D E R

% 26.12.2016 CM No.48256/2016 1.

Exemption allowed subject to all just exceptions. 2.

The application stands disposed of.

W.P.(C) 12226/2016 and CM No.48255/2016 1.

Learned counsel for the petitioner submits that the petitioner has already replied to the show cause notice and a copy of the same today has been supplied to the counsel for the respondent-NDMC in the court.

2.

Learned counsel for the respondent-NDMC submitted now at 10.40 a.m. on instructions that they are not sealing the premises at this stage and also not disconnecting the electricity but however, they shall take action, if any, subject to the outcome of the show cause notice and the consequent proceedings as per the terms of the license,

in accordance with law.

3.

Learned counsel for the petitioner seeks leave to withdraw the present petition, in view of the statement made by the counsel for the respondent-NDMC.

4.

Accordingly, the present petition is dismissed as withdrawn with liberty to the petitioner that in case she is having any cause she may avail appropriate remedy in accordance with law. 5.

It is clarified that the aforesaid statement and the proceedings/ order would not create any right in favour of the petitioner regarding the suit premises and the merits of the case. The respondent shall proceed with the matter in accordance with law without being influenced by the withdrawal of the petition. 6.

Copy of the order be given dasti under the signature of Court Master.

CHANDER SHEKHAR, J DECEMBER 26, 2016 b