Delhi High Court - Orders
Narender Kumar @ Neeraj & Ors vs Govt. Of Nct Of Delhi & Ors on 22 May, 2023
Author: Prathiba M. Singh
Bench: Prathiba M. Singh
$~43
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(C) 14264/2022 & CM APPL. 27048/2023
NARENDER KUMAR @ NEERAJ & ORS. ..... Petitioner
Through: Mr. Pankaj Vivek, Mr. Atul Tirpathi,
Mr. Himanshu Chugh, Mr. Arjeet Gaur,
Mr. Naveen, Advocates (M-94666
54824)
versus
GOVT. OF NCT OF DELHI & ORS. ..... Respondents
Through: Mr Anupam Srivastava ASC for
GNCTD with Mr Ujjwal Malhotra,
Adv. for R-1 & 2. (M: 9811533855)
Mr. Anuj P. Agarwala, Adv. from
DHCLSC.
Respondent No.3 in person.
CORAM:
JUSTICE PRATHIBA M. SINGH
ORDER
% 22.05.2023
1. This hearing has been done through hybrid mode. CM APPL.27048/2023 (vacation of stay)
2. Vide order dated 2nd May 2023, this Court directed as follows:
"2. The Respondent No.3 - Mr. Mam Chand is present in person. He has filed an application being CM APPL. 54680/2022 seeking recall of the interim order dated 7th October, 2022 passed by this Court and CM APPL. 10015/2022 seeking vacation of the same.
3. Ld. Counsel for the Petitioners submits that the Respondent has not proved his title to the property being no. A-32, Janta Colony, Raghubir Nagar, New Delhi-110027 and has also failed to establish a relationship between the Petitioner/his parents and himself. Ld. counsel has also taken the Court to the order dated 13th October, 2021 of the District Magistrate (West) to argue that the said order has This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 24/09/2023 at 19:45:20 been reversed by the Divisional Commissioner vide order dated 8th September, 2022.
4. On behalf of the Respondent No.3, legal aid counsel was to appear. However, the said ld. counsel is not available. Respondent No.3 submits that that a writ does not lie against the order dated 8th September, 2022 passed by the Divisional Commissioner, which is a Civil Court. No error has been pointed out in the said order.
5. The matter has been heard for some time today and it is not possible to conclude the hearing today.
6. Thus, in view of the facts of this case, as an interim arrangement, it is directed that with effect from May, 2023, the Petitioners shall pay a sum of Rs.15,000/- per month to the Respondent No.3 as maintenance. The same shall be paid by cash through the ld. counsel for the Petitioner at the Chamber No.110, Delhi High Court on the 10th of every month at 4:00 p.m.
7. List for further hearing on 9th August, 2023. This is a part-heard matter.
8. Subject to the compliance of this order, the interim order dated 7th October, 2022 shall continue till the next date of hearing."
3. This is the third application filed by Mr. Mam Chand-Respondent No. 3 for vacation of the stay order dated 7th October 2022.
4. Mr. Mam Chand-Respondent No. 3 has appeared in person.
5. Mr. Agarwala, ld. Counsel who was appointed by the DHCLSC informs the Court that the Petitioners have tendered the amount of Rs.15,000/- to him, on 12th May 2023, for being paid to the Respondent No.3. Mr. Agarwala has brought the money to the Court today, and offered the same to the Respondent No.3. He however, has refused to accept the same.
6. Accordingly, Mr. Agarwala is directed to deposit the said amount of This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 24/09/2023 at 19:45:20 Rs.15,000/- into the account of the Registrar General, Delhi High Court where it shall be maintained as a Fixed Deposit Receipt ('FDR'). Ld. Counsel who was appointed by the DHCLSC, accordingly, seeks discharge. He is, accordingly, discharged from the matter.
7. Henceforth, the Petitioners are directed to continue to deposit the amount of Rs.15,000/- in the Registrar General's account by 10th of each month.
8. The application is disposed of in the above terms. W.P.(C)-14264/2022
9. List on the date already fixed, i.e 9th August 2023.
10. This matter shall not be treated as part-heard.
PRATHIBA M. SINGH, J.
MAY 22, 2023/dk/dn This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 24/09/2023 at 19:45:21