Delhi High Court
Noor Ahmad Khan & Anr. vs Gaon Sabha Mahipalpur & Ors. on 1 June, 2023
$~10
* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Judgment delivered on: 01.06.2023
+ CM(M) 963/2023
NOOR AHMAD KHAN & ANR ..... Petitioner
versus
GAON SABHA MAHIPALPUR & ORS ..... Respondent
Advocates who appeared in this case:
For the Petitioner : Mr. J.P. Sengh, Sr. Advocate with Mr.
Rahul Kukreja, Mr. Atharva Kotwal
and Mr. R.L. Sinha, Advocates
For the Respondent : Ms. Shobhana Takiar, Standing
Counsel with Mr. Kuljeet Singh,
Advocate for R-3/DDA.
CORAM:
HON'BLE MR. JUSTICE TUSHAR RAO GEDELA
JUDGMENT
TUSHAR RAO GEDELA, J. (ORAL)
[ The proceeding has been conducted through Hybrid mode ]
CM APPL. 30943/2023
1. Exemption allowed subject to all just exceptions.
2. The application stands disposed of.
CM(M) 963/2023 & CM APP No. 30942/2023 (Stay)
3. The petitioner has approached this Court under Article 227 of the
Signature Not Verified
Digitally Signed
Signing Date:02.06.2023
19:51:47
Constitution of India seeking directions to the Sub Divisional Magistrate
(SDM) at Jam Nagar House to take up the application under Order
XXXIX Rules 1 and 2, CPC, 1908 filed alongwith application under
Section 11 read with Item 4 of Schedule I and other enabling provisions
of Delhi Reforms Act, 1954, which is pending adjudication since
August, 2021.
4. Mr. J.P. Sengh, learned senior counsel appearing for the petitioner
submits that the petitioner is suffering on account of no decisions
coming through in the aforesaid application or even in the application
under Order XXXIX Rules 1 and 2 of CPC, 1908 for the reason that the
aforesaid application is being transferred from one SDM to another
without the same being disposed of in the manner known to law.
5. Issue notice. Notice accepted by Ms. Shobhana Takiar, learned
Standing Counsel appearing for respondent no.3/DDA, who is the
contesting respondent.
6. This Court has perused the applications placed on record and
heard the submissions addressed by Mr. Sengh, learned senior counsel
appearing for the petitioner.
7. The disposal of any application or petition or a pleading is a right
of the party, which is before a statutory authority or even before the
Court. This Court cannot countenance a situation or a position where the
litigants approach the competent authority and their matters are not
taken in right earnest.
8. The respondent-SDM is under an obligation to take up the
pending applications and dispose of the same, and that too,
expeditiously.
Signature Not Verified
Digitally Signed
Signing Date:02.06.2023
19:51:47
9. In that view of the matter, this Court directs Sub Divisional
Magistrate, Jam Nagar House to take up the case No. 990 titled Noor
Ahmad Khan & Anr vs. Gaon Sabha Mahipalpur & Anr, within four
weeks from today with advance notices to the parties concerned.
10. The SDM is further directed to take up the application under
Order XXXIX Rules 1 and 2 CPC, 1908 at the first instance and dispose
of the same in accordance with law.
11. Since the matter has not been heard and disposed of in accordance
with law by the SDM concerned, for the time being, till the time SDM,
Jam Nagar House takes up the application and disposes of the same in
accordance with law, the status quo as obtaining today, shall continue.
12. The aforesaid order is only uptil the point when the SDM, Jam
Nagar House decides and disposes of the application.
13. The petition and pending application is disposed of in above
terms with no order as to costs.
TUSHAR RAO GEDELA, J.
JUNE 01, 2023
Aj
Signature Not Verified
Digitally Signed
Signing Date:02.06.2023
19:51:47
