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Delhi High Court - Orders

Krishna Devi And Ors vs Municipal Corporation Of Delhi And Ors on 31 July, 2025

                          $~54
                          *         IN THE HIGH COURT OF DELHI AT NEW DELHI
                          +         W.P.(C) 11253/2025 & CM APPL. 46247/2025, CM APPL.
                                    46248/2025
                                    KRISHNA DEVI AND ORS.                   .....Petitioners
                                                                  Through:            Mr. Pradeep Gupta, Mr. Parinav
                                                                                      Gupta, Ms. Mansi Gupta and Mr.
                                                                                      Harshvardhan Lodhi, Advs.
                                                                                      Mob: 9811153770
                                                                                      Email: [email protected]
                                                                  versus

                                    MUNICIPAL CORPORATION OF DELHI AND ORS.
                                                                              .....Respondents
                                                  Through: Mr. Bharat Malhotra, Adv. for R-
                                                           MCD (Through VC)
                                    CORAM:
                                    HON'BLE MS. JUSTICE MINI PUSHKARNA
                                                                  ORDER

% 31.07.2025 CM APPL. 46247/2025 (For Exemption)

1. Exemption allowed, subject to all just exceptions.

2. Application is disposed of.

W.P.(C) 11253/2025 & CM APPL. 46248/2025 (For Stay)

3. The present writ petition has been filed challenging the Show Cause Notice dated 25th June, 2025, issued under Section 338 of the Delhi Municipal Corporation Act, 1957 ("DMC Act"), as well as the impugned Notice dated 17th July, 2025, issued under Section 345 read with Section 347 of the DMC Act.

4. Learned counsel appearing for the petitioners submits that while the first Show Cause Notice dated 25th June, 2025, has been issued under 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 31/07/2025 at 22:45:28 Section 338 of the DMC Act, there is no Show Cause Notice that has been issued to the petitioners under Section 345A of the DMC Act. Thus, he submits that the Notice dated 17th July, 2025, reflecting the Show Cause Notice dated 25th June, 2025, as being a notice under Section 345A of the DMC Act, is not proper.

5. Issue notice. Notice is accepted by learned counsel appearing for the respondent nos. 1 and 2.

6. Issue notice to respondent no. 3, by all modes, upon filing of Process Fee.

7. Let reply be filed within a period of four weeks, from today.

8. Rejoinder thereto, if any, be filed within a period of two weeks, thereafter.

9. Considering the submissions made before this Court, the petitioners are directed to attend the personal hearing fixed for today, i.e., 31st July, 2025 at 02:30 p.m., before the Deputy Commissioner, Karol Bagh Zone, Municipal Corporation of Delhi.

10. However, considering the fact that no Show Cause Notice has been issued under Section 345A of the DMC Act, and that the Show Cause Notice dated 25th June, 2025 is under Section 338 of the DMC Act, it is directed that no sealing action shall be taken against the property of the petitioner, till the next date of hearing.

11. List along with the W.P.(C) 5752/2025, on the date already fixed, i.e., 17th September, 2025.

MINI PUSHKARNA, J JULY 31, 2025/SK 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 31/07/2025 at 22:45:28