JAGRITI PUBLIC SCHOOL vs MUNICIPAL CORPORATION OF DELHI

Judgment text excerpt

$~92 & 93 * IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of Decision: 22nd April, 2025 + CM(M) 722/2025 & CM APPL. 21348-21351/2025 + CM(M) 723/2025 & CM APPL. 21384-21387/2025 JAGRITI PUBLIC SCHOOL .....Petitioner Through: Mr. Anil Kumar Singh with Mr. Anurag Bindal, Advocates. versus MUNICIPAL CORPORATION OF DELHI .....Respondent Through: Mr. Tushar Sannu, Standing Counsel for MCD with Mr. Sourav Verma, Advocate. CORAM: HON'BLE MR. JUSTICE MANOJ JAIN J U D G M E N T (oral) 1. The present two petitions have been filed by the same petitioner i.e. Jagriti Public School. 2. Jagriti Public School had filed two different appeals before Appellate Tribunal, MCD. These were registered as A.No.391/2020 and A.No.327/2020. By virtue of these two appeals, the sealing and demolition action had been challenged by the abovesaid School. 3. Fact remains that when the appeals were taken up by learned Tribunal on 13.02.2025, it recorded statement of the appellant who deposed, in no uncertain terms, that permission may be granted to them to withdraw both the abovesaid appeals. 4. The grievance in the present two petitions is limited to the effect that despite recording such specific statement of the appellant, the appeals have Signature Not Verified CM(M) 722/2025 & 1 Digitally Signed CM(M) 723/2025 By:SONIA THAPLIYAL Signing Date:23.04.2025 15:43:59 yet not been permitted to be withdrawn. 5. It is submitted that petitioner is the dominus litis and once it had made a specific and conscious statement before learned Appellate Tribunal that it was, no longer, interested in pursuing with the appeals, and the statement made in this regard was unconditional one, there was no real purpose in adjourning the appeals to a subsequent date. 6. During course of the arguments, it was apprised that bo