Delhi High Court
Mohd Tazeem vs State Of Nct Of Delhi & Ors on 28 July, 2025
$~78
* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Date of Decision: 28.07.2025
+ W.P.(CRL) 2214/2024, CRL.M.A. 21651/2024 & CRL.M.A.
21649/2024
MOHD TAZEEM .....Petitioner
Through: Mr. Shahzeb Ahmed, Advocate
(through videoconferencing).
versus
STATE OF NCT OF DELHI & ORS. .....Respondents
Through: None for R-1 & 3.
SI Akashdeep, PS Jamia Nagar.
Mr. Sharique Hussain, Advocate for
R-2.
CORAM: JUSTICE GIRISH KATHPALIA
J U D G M E N T (ORAL)
1. The petitioner has assailed order dated 04.12.2023 passed by the
learned Trial Magistrate in case titled 'State vs. Mohd. Tazeem'. None is
present for State (respondent no.1) and MCD (respondent no.3). I have
heard learned counsel for petitioner and learned counsel for BSES RPL
(respondent no.2).
2. It appears that on the allegation of an unauthorized construction
activity on 4th floor of the subject premises, prosecution was commenced
against the present petitioner, in the course whereof the learned Trial
Magistrate passed the impugned order. It would be apposite to extract the
impugned order, which is as follows:
"JLO submits that according to the report the property was found
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GIRISH KATHPALIA KATHPALIA
locked so it could not be determined whether electricity and water supply
connection have been disconnected on the said property or not.
He submits that notice have been issued to the Vice President,
BSES and ACE (M)-11 South Delhi Jal Board requesting to disconnect the
water and electricity supply. He has supplied copy of the same. The same
is taken on record.
Issue notice to Sh. Subhash Chand Gaur , Assitant Vice President
VRBP BSES Sub Station Building, Adchini Aurbindo Marg, New Delhi to
apprise the court whether electricity connection of the property no. 04,
Main Road, Zakri Nagar (corner property), Jamia Nagar, New Delhi has
been disconnected in compliance with Order of Hon'ble Delhi High Court
in Kalyan Sansthan Social Welfare Organization Vs. Union of India.
Issue notice to B.C.Patel, ACE (M)-11 South Delhi Jal Board, to
apprise the court whether water supply connection of the property no. 04,
Main Road, Zalai Nagar (corner property), Jamia Nagar, New Delhi has
been disconnected in compliance with Order of Hon'ble Delhi High Court
in Kalyan Sansthan Social Welfare Organization Vs. Union of India.
Copy of the notice issued to both B.C.Patel and Subhash Chand
Gaur be sent alongwith process.
Be put up for 28.03.2024."
3. Learned counsel for petitioner, after taking me through the impugned
order contends that the judgment in the case of Kalyan Sansthan Social
Welfare Organization, referred to in the impugned order is not applicable to
the case of the present petitioner, therefore, the impugned order is not
sustainable in the eyes of law.
4. But despite repeatedly being called upon, learned counsel for
petitioner does not address as to what is his locus standi to challenge the
impugned order.
5. By way of the impugned order, what was done by the learned Trial
Magistrate is only issuance of notice to BSES authority and South Delhi Jal
Board to apprise the Trial Court as to whether the electricity and water
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supply has been disconnected at the subject premises. Nothing else was
directed in the impugned order. That being so, even if assumingly possible
to challenge the issuance of notice, it is only the BSES or South Delhi Jal
Board who can challenge that order. The petitioner, facing trial has no locus
standi to challenge the impugned order whereby the Trial Court has only
sought necessary information from the said two authorities.
6. Whether or not the judicial precedents referred to in the impugned
order are applicable, would have to be examined only in a case if relying
upon those precedents some substantive order was passed. That is not the
present case.
7. The impugned order is merely procedural order. Merely because after
receiving notice, the concerned authorities or either of them disconnected
the supply of electricity and/or water at the unauthorizedly being constructed
4th floor, the order issuing notice to the authorities to disclose the status
cannot be assailed in these proceedings.
8. The petition, being devoid of merit is dismissed and the interim order
dated 25.07.2024 is vacated with immediate effect. The pending applications
also stand disposed of.
GIRISH GIRISH KATHPALIA
KATHPALIA Date: 2025.07.28
17:50:43 +05'30'
GIRISH KATHPALIA
(JUDGE)
JULY 28, 2025/DR
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