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High Court of DelhiW.P.(C)/9502/2017

Nikhil Gupta And ANR. v. Mcd And ANR.

2019-01-15Hon'Ble Ms. Justice Rekha Palli2 pages

$~2 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 9502/2017 NIKHIL GUPTA AND ANR.

..... Petitioner Through Mr.Ramakant Sharma, Adv.

versus MCD AND ANR.

..... Respondent Through Mr.Mukesh Gupta, S.C.

with Mr.Sanjay Baniwal, Adv NrDMC & Mr.R.K.Jain, A.E.

CORAM:

HON'BLE MS. JUSTICE REKHA PALLI

O R D E R

% 15.01.2019 1.

Vide the present petition, the petitioners have sought a direction to the respondents to de-seal his house bearing no.15-A, Sanjay Nagar, Gulabi Bagh, Delhi.

2.

After some arguments, learned counsel for the petitioners submits that for the present, the petitioners will be satisfied if the respondents are directed to consider the petitioner's representation dated 17.12.2011, which has remained un-responded for the last many years, by passing a reasoned and speaking order in a time bound manner.

3.

Mr.Gupta, learned counsel for the respondents, on instructions, does not oppose the said prayer but states that keeping in view the trifurcation of the MCD as also the fact that the said representation is

alleged to have been made about seven years ago, the relevant records may now not be available with the respondent no.1 and the petitioner be directed to submit a fresh representation, which will be decided in the time granted by this Court.

4.

Accordingly, the writ petition is disposed of with a liberty to the petitioner to submit a comprehensive representation to the respondents within a period of two weeks, which will thereafter be decided by the respondents by passing a reasoned and speaking order thereon within a period of six weeks thereafter. 5.

A copy of the said order will be supplied to the petitioner as also to the learned counsel for the petitioner. 6.

Needless to say, in case, the petitioners are still aggrieved by the order passed by the respondents, it will be open for them to take legal recourse as permissible under law.

REKHA PALLI, J JANUARY 15, 2019 sr