Full Text
Translation output
$-12 to 15 HIGH COURT OF DELHI
LPA 488/2016
SAMPATI DEVI ..... Appellant
Through Mr. Ramesh K. Mishra and Mr. Krishna K. Singh, Advocates.
LPA 488/2016
SAMPATI DEVI ..... Appellant
Through Mr. Ramesh K. Mishra and Mr. Krishna K. Singh, Advocates.
VERSUS
SOUTH DELHI MUNICIPAL CORPORATION AND ORS Respondent
Through Ms. Anju Gupta, Advocate for SDMC.
Mr. Satyakam, Advocate for GNCTD.
SI Sanjay Mandal, PS-K.M. Pur.
Through Ms. Anju Gupta, Advocate for SDMC.
Mr. Satyakam, Advocate for GNCTD.
SI Sanjay Mandal, PS-K.M. Pur.
LPA 489/2016
KAMLA Appellant
KAMLA Appellant
VERSUS
• SOUTH DELHI MUNICIPAL CORPORATION AND ORS
Through Ms. Reema Khorana, Advocate.
Mr. Anuj Aggarwal, Advocate for R-2.
Through Ms. Reema Khorana, Advocate.
Mr. Anuj Aggarwal, Advocate for R-2.
LPA 490/2016
GULAB BAI &ORS Appellant ICrislina K. Singh, Advocates.
GULAB BAI &ORS Appellant ICrislina K. Singh, Advocates.
VERSUS
Through Mr. Anuj Aggarwal, Advocate for R- 2.
2016:DHC:8436-DB
2016:DHC:8436-DB
LPA 491/2016
BHAG WAN DAS Appellant
BHAG WAN DAS Appellant
VERSUS
Through Ms. Puja Kaira, Advocate SDMC.
Mr. Santosh Kumar Tripathi, ASC for GNCTD.
Mr. Santosh Kumar Tripathi, ASC for GNCTD.
CORAM:
HON'BLE MR. JUSTICE SANJIV KHANNA
HON'BLE MS. JUSTICE SUNITA GUPTA
05.09.2016 C.M.No.32257/2016 in LPA 488/2016 C.M.No.32259/2016 in LPA 489/2016
C.M.No.32268/2016 in LPA 490/2016 C.M.No.32270/2016 in LPA 491/2016
Exemption allowed, subject to all just exceptions.
C.M.No.32267/2016 in LPA 490/2016 Delay of 2 days in filing of the appeal is condoned.
The application is disposed of.
HON'BLE MS. JUSTICE SUNITA GUPTA
05.09.2016 C.M.No.32257/2016 in LPA 488/2016 C.M.No.32259/2016 in LPA 489/2016
C.M.No.32268/2016 in LPA 490/2016 C.M.No.32270/2016 in LPA 491/2016
Exemption allowed, subject to all just exceptions.
C.M.No.32267/2016 in LPA 490/2016 Delay of 2 days in filing of the appeal is condoned.
The application is disposed of.
LPA 488/2016
LPA 489/2016
LPA 490/2016
LPA 491/2016
We have heard the learned counsel for the appellant, who submits that the Town Vending Committee is not functional in South Delhi Municipal
Corporation areas. He accordingly submits that the finding recorded in the
1h order dated 12 July, 2016 that "since the Town Vending Committee is now functional" is contrary to facts on record and this has resulted in an adverse decision.
We have heard learned counsel for the respondent on the said aspect, who admitted that the Town Vending Committee has not been made functional in the South Delhi Municipal Corporation areas.
In view of the aforesaid position, learned counsel for the appellant states that he would withdraw the present appeal and will move an application under Order 47 of the Code of Civil Procedure, 1908 for review tb of the order dated 12 July, 2016. He also submits certain other issues also arise for consideration. He is at liberty to raise the said issues in accordance with the law.
The appeal is dismissed as withdrawn, with liberty to challenge the order dated 12 July, 2016, ifrequired and necessary.
( SANJIV KHANNA, J.
SUNITA GUPTA, J.
SEPTEMBER 05, 2016 NA
We have heard the learned counsel for the appellant, who submits that the Town Vending Committee is not functional in South Delhi Municipal
Corporation areas. He accordingly submits that the finding recorded in the
1h order dated 12 July, 2016 that "since the Town Vending Committee is now functional" is contrary to facts on record and this has resulted in an adverse decision.
We have heard learned counsel for the respondent on the said aspect, who admitted that the Town Vending Committee has not been made functional in the South Delhi Municipal Corporation areas.
In view of the aforesaid position, learned counsel for the appellant states that he would withdraw the present appeal and will move an application under Order 47 of the Code of Civil Procedure, 1908 for review tb of the order dated 12 July, 2016. He also submits certain other issues also arise for consideration. He is at liberty to raise the said issues in accordance with the law.
The appeal is dismissed as withdrawn, with liberty to challenge the order dated 12 July, 2016, ifrequired and necessary.
( SANJIV KHANNA, J.
SUNITA GUPTA, J.
SEPTEMBER 05, 2016 NA
JUDGMENT