Delhi High Court - Orders
Purushottam vs Union Of India & Ors on 25 May, 2022
Author: Chandra Dhari Singh
Bench: Chandra Dhari Singh
$~17
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(C) 8269/2022 & CM APPL. 24911/2022
PURUSHOTTAM ..... Petitioner
Through: Mr. A.K. Dubey, Advocate
versus
UNION OF INDIA & ORS ..... Respondent
Through: Mr. Ripin Sood, Advocate for R-2 &
3.
CORAM:
HON'BLE MR. JUSTICE CHANDRA DHARI SINGH
ORDER
% 25.05.2022
1. The instant writ petition under Article 226 of the Constitution of India has been filed on behalf of the petitioner seeking following reliefs:-
"a) directing the order vide F.No.1240 / SDM / MT / 2021 / 34426 / 427 dated 18.09.2021 passed by the respondent no.2 as null and void after considering the facts and circumstances of the petitioner with respect to the land situated in Khasra No.146-147, Village Bhalswa Jahangirpur, Delhi;
b) provide protection to the petitioner for maintaining law & order situation at the site i.e. the land situated in Khasra No.146-147, Village Bhalswa Jahangirpur, Delhi;.."
2. Learned counsel appearing on behalf of the petitioner submitted that the impugned order dated 18th September 2021 is bad in law as the same was Signature Not Verified Digitally Signed By:GAURAV SHARMA Signing Date:26.05.2022 17:51:48 passed by SDM, Model Town (respondent no.2 herein) without giving the opportunity of hearing to the petitioner and without following the principles of natural justice. It is therefore prayed that the same may be quashed.
3. Per Contra, learned counsel for respondent nos. 2 and 3 submitted that the instant writ petition is not maintainable as the petitioner has an alternative remedy under the statute under Section 64(b) of Delhi Land Revenue Act, 1954.
4. In view of the submissions made by learned counsel for respondent no.2 and 3, learned counsel for the petitioner does not wish to press the instant petition at this stage and seeks leave of this Court to withdraw the same with liberty to approach the concerned authority. Learned counsel for respondent nos. 2 and 3 has no objection to the limited prayer made on behalf of the petitioner for withdrawal of the instant petition.
5. Leave granted. The writ petition is accordingly dismissed as withdrawn with liberty to file the statutory appeal before the Appellate Authority in accordance with law, within two weeks from today.
Dasti.
CHANDRA DHARI SINGH, J MAY 25, 2022 Aj/ct Signature Not Verified Digitally Signed By:GAURAV SHARMA Signing Date:26.05.2022 17:51:48