Delhi High Court - Orders
Sudha Rastogi vs Gyanesh Bharti & Ors on 23 September, 2025
Author: Amit Sharma
Bench: Amit Sharma
$~19
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CONT.CAS(C) 1553/2023 & CM APPL. 2817/2024
SUDHA RASTOGI .....Petitioner
Through: Ms. Sneha Arya, Advocate.
versus
GYANESH BHARTI & ORS. .....Respondents
Through: Mr. Siddhant Nath, SC for MCD with
Mr. B. Makhija and Mr. A. Khan,
Advocates.
CORAM:
HON'BLE MR. JUSTICE AMIT SHARMA
ORDER
% 23.09.2025
1. This hearing has been done through hybrid mode. CM APPL. 2816/2024 (seeking revival of contempt petition)
2. The present application under Section 151 of the CPC seeks following prayers:-
"a. Allow the present application and revive the Contempt Petition in CONT. CAS(C) No. 1553/2023 titled "Sudha Rastogi v Gyanesh Bharti & Ors"; and b. Initiate contempt proceedings and take coercive action against Respondent No. 1, 2, 3, 4,, 7 and 8 for wilful violation of the order dated 18.05.2023 and 19.10.2023; and/or
(c) issue suitable directions, orders as are deemed necessary in the facts and circumstances of the case."
3. The captioned contempt petition was disposed of vide order dated 19.10.2023, with the following observations:-
"4. Mr Siddhant Nath, learned Standing Counsel for the MCD has handed over photographs showing that demolition action has already 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 25/09/2025 at 22:24:22 been undertaken and he states on instructions from Mr. Y.P. Singh, A.E. that further action is scheduled for tomorrow or in the near future. Taking the statement of Mr Nath on record and binding the respondents to the same, the present contempt petition is disposed of."
4. During the pendency of the present application, status report dated 07.07.2025, on behalf of the MCD has been filed, authored by Mr. Rakesh Brijwal, Executive Engineer (Bldg.)-II, City SP Zone, MCD, wherein it has been recorded as under:-
"7. That it is submitted that in execution of demolition order dated 31.01.2022, demolition programme was fixed on 22.05.2023 wherein roof of third floor room was demolished and staircase from first floor to second floor was partially demolished. Photographs showing demolition action taken on 22.05.2023 is annexed herewith as Annexure-F(Colly).
8. That it is respectfully submitted that challenging the demolition order dated 11.08.2021 Sh. Sardar Saran Singh Chhabra & Sh. Kanwaljit Singh filed an appeal bearing no.271/ATMCD/2024 titled Sardar Saran Singh Chhabra & Kanwaljit Singh Vs. MCD before Appellate Tribunal, MCD wherein the Hon'ble Court was pleased to stay the execution of the said order dated 11.08.2021 till next date of hearing which is continue till date and now the matter listed on 29.08.2025 for arguments. A copy of order dated 29.04.2024 & 29.04.2025 are annexed herewith as Annexure-G (Colly)."
5. Vide order dated 29.04.2024 passed by the learned Presiding Officer, Appellate Tribunal: MCD, MCD has been restrained from taking any coercive action qua the subject property in pursuance of the demolition order dated 11.08.2021.
6. In view of the above, the present application is disposed of with liberty to the petitioner to take necessary steps subject to the outcome of the proceedings before the learned Appellate Court.
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 25/09/2025 at 22:24:22
7. CM APPL. 2817/2024 also stands disposed of.
AMIT SHARMA, J SEPTEMBER 23, 2025/sn/sg 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 25/09/2025 at 22:24:22