Sh. Dheeraj Kumar And ORS. v. Govt. Of NCT Delhi And ORS.

$~72 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ W.P.(C) 13094/2018 SH. DHEERAJ KUMAR AND ORS.

..... Petitioners Through Mr Mr B.N. Jha, Mr T.K. Mishra, Advocate.

versus GOVT. OF NCT DELHI AND ORS.

..... Respondents Through Mr Jawahar Raja, ASC, GNCTD with Mr Chinmay Kanojia, Advocate for R1.

CORAM:

HON'BLE MR. JUSTICE VIBHU BAKHRU

O R D E R

% 04.12.2018 CM 50857/2018 1.

Allowed, subject to all just exceptions.

2.

The application is disposed of.

W.P.(C) 13094/2018 &CM No. 50856/2018 3.

The petitioners have filed the present petition impugning an order dated 30.10.2018 passed by the District Magistrate cum Appellate Tribunal, (District South West) directing that the petitioners be evicted from the property described as two rooms of H.No A-61, Rajan Vihar, Hastsal, Uttam Nagar, Delhi within a period of two weeks from the date of the order. 4.

It is clear that the said order has been passed under Rule 22 (3)(4) of the Delhi Maintenance and Welfare of Parents and Senior Citizens Rules, 2009. The petitioners have an alternate remedy of an appeal under the Rule

22(3)(4) of the said Rules.

5.

In view of the above, the present petition is dismissed with liberty to the petitioner to avail of the alternate remedies. The pending application is also disposed of. In the event an appeal is filed within a period of one week from today, the same would be considered uninfluenced by the question of delay.

VIBHU BAKHRU, J DECEMBER 04, 2018 pkv