Jitender Kumar vs South Delhi Municipal ...
2022 Latest Caselaw 717 Del

                                      $~24

                                      *IN THE HIGH COURT OF DELHI AT NEW DELHI

                                      %                                    Judgment delivered on: 09.03.2022

                                      +      W.P.(C) 13109/2021 & CM APPL. 41332/2021

                                      JITENDER KUMAR                                          ..... Petitioner

                                                                  versus

                                      SOUTH DELHI MUNICIPAL CORPORATION THROUGH ITS
                                      COMMISSIONER                         ..... Respondent
                                      Advocates who appeared in this case:
                                      For the Petitioner: Mr. Jairaj Singh, Advocate.
                                      For the Respondent: Mr. Ashutosh Gupta, ASC, SDMC.

                                      CORAM:-
                                      HON'BLE MR. JUSTICE SANJEEV SACHDEVA

                                                           JUDGMENT

SANJEEV SACHDEVA, J. (ORAL)

1. Petitioner seeks a direction to restrain the respondent from sealing the subject premises of the petitioner being ground floor front side, second floor front side of building bearing Plot no.3, Block No. A, New Delhi, South Extension Scheme, Part-II and further seeks compounding of the application qua the deviations.

2. Learned counsel appearing for the respondent submits that the remedy of the petitioner is to approach the Appellate Tribunal, MCD and impugn the order of sealing. With regard to the application for compounding, he submits that as per his instructions, no such application has been received however, in case any such application is received, same

Signature Not Verified W.P(C) 13109/2021 Digitally Signed 1 By:JUSTICE SANJEEV Digital Signed By:KUNAL SACHDEVA MAGGU Signing Date:10.03.2022 Signing Date:10.03.2022 12:33:16 00:09 This file is digitally signed by PS to HMJ Sanjeev Sachdeva.

shall be disposed of in accordance with law.

3. In view of the above, learned counsel for the petitioner seeks to withdraw the petition with liberty to approach the Appellate Tribunal MCD.

4. He, however prays that two weeks' time be granted to the petitioner to approach the Appellate Tribunal, MCD.

5. In view of the above, the petition is dismissed as withdrawn with liberty as prayed for.

6. It is however clarified that for a period of two weeks or till the time the appeal of the petitioner is listed before the Appellate Tribunal, MCD whichever is earlier, no further action shall be taken against the property of the petitioner.

7. It is clarified that this order shall inure to the benefit of the petitioner only for a period of two weeks or till his application is listed before the Appellate Tribunal MCD, whichever is earlier.

8. Continuance of interim protection thereafter shall be subject to orders to be passed by the Appellate Tribunal, MCD without being influenced by anything stated in this order.

9. Petition is disposed of in the above terms.

SANJEEV SACHDEVA, J.

                                      MARCH 09, 2022
                                      rk




Signature Not Verified
                                      W.P(C) 13109/2021                                                   Digitally Signed 2
                                                                                                          By:JUSTICE SANJEEV
Digital Signed By:KUNAL                                                                                   SACHDEVA
MAGGU                                                                                                     Signing Date:10.03.2022
Signing Date:10.03.2022 12:33:16                                                                          00:09
This file is digitally signed by PS
to HMJ Sanjeev Sachdeva.