Suraj Prakash Alwadhi vs State (Nct Of Delhi) & Ors.
2021 Latest Caselaw 70 Del

                             $~4

                             *      IN THE HIGH COURT OF DELHI AT NEW DELHI
                             %                                 Date of Decision : 8th January, 2021

                             +      LPA 9/2021
                                    SHRI SURAJ PRAKASH ALWADHI              .....Appellant
                                                  Through: Ms. Manjula Gandhi, Mr. Shobhit
                                                           Sharma and Mr. Anmol Vashisht,
                                                           Advocates.
                                                  versus
                                    STATE OF (NCT OF DELHI) & ORS.            .....Respondents
                                                  Through: Mr. Jamal Akhtar, Panel Counsel for
                                                            GNCTD for R-1&R-3.
                                                            Mr. M. A. Niyazi and Ms. Anamika
                                                            Niyazi, Advocates for R-4.
                                                            Ms. Mansi Gupta, Standing Counsel
                                                            for North MCD.

                                    CORAM:
                                    HON'BLE THE CHIEF JUSTICE
                                    HON'BLE MS. JUSTICE JYOTI SINGH
                                                             JUDGMENT

: D. N. PATEL, Chief Justice (Oral) Proceedings in the matter have been conducted through video conferencing.

CM APPL. 682/2021 (exemption) Allowed, subject to all just exceptions. The application is disposed of. LPA 9/2021

1. The appellant (original petitioner) has preferred the present appeal

Signature Not Verified Digitally Signed By:PANKAJ KUMAR Location:

Signing Date:19.01.2021 20:13:50 being aggrieved by an order dated 03.11.2020 in W.P.(C) 5482/2020 (Annexure-1 to the memo of this appeal).

2. Having heard the learned counsel for the parties and looking to the facts and circumstances of the case, it is evident that C.M. Application No.27760/2020 was preferred by the appellant (original petitioner) for fixing an early date of hearing of W.P.(C) 5482/2020.

3. Learned Single Judge was pleased to pass the following order in W.P.(C) 5482/2020 on 03.11.2020:

"CM APPL. 27761/2020 (Exemption)

1. Allowed subject to all just exceptions. The application stands disposed-off.

CM APPL. 27760/2020 (early hearing)

2. No grounds for early hearing are made out. The application is accordingly dismissed. W.P.(C) 5482/2020

3. List on 16.03.2021, the date already fixed.

4. The order be uploaded on the website forthwith."

4. In view of the aforesaid order passed by the learned Single Judge, no rights and liabilities of the parties have been decided by the learned Single Judge. Hence, we see no reason to interfere with the impugned order whereby an application for early hearing has been dismissed. This is moreso as the hearing of the writ petition being W.P.(C) 5482/2020 is now fixed for 16.03.2021. The appellant herein can ventilate all his grievances, including the alleged illegal locking of the iron-gate in the concerned colony located in

Signature Not Verified Digitally Signed By:PANKAJ KUMAR Location:

Signing Date:19.01.2021 20:13:50 Road No.27, East Punjabi Bagh before the learned Single Judge on 16.03.2021.

5. In these circumstances, we see no reason to entertain the present appeal and the same is accordingly dismissed.

CHIEF JUSTICE

JYOTI SINGH, J JANUARY 8, 2021 sr

Signature Not Verified Digitally Signed By:PANKAJ KUMAR Location:

Signing Date:19.01.2021 20:13:50