JYOTI RATHORE vs MUNICIPAL CORPORATION OF DELHI & ANR.

Judgment text excerpt

$~57 * IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of Decision: 12th November, 2025 + W.P.(C) 17037/2025, CM APPL. 70096/2025 & CM APPL. 70097/2025 JYOTI RATHORE .....Petitioner Through: Mr. Vinod Kumar Mantoo, Mr. Hem Kumar and Ms. Niharika Mantoo, Advocates Mob: 9868578517 versus MUNICIPAL CORPORATION OF DELHI & ANR. .....Respondents Through: Mr. Umakant Mishra, SC with Mr. Shobit, AE for MCD Mob: 9871595014 Email: [email protected] Mr. Prabhsahay Kaur, SC for DDA with Ms. Aryma Sharma and Mr. Aditya Verma, Advocates Email: [email protected] Mob: 8800695709 CORAM: HON'BLE MS. JUSTICE MINI PUSHKARNA MINI PUSHKARNA, J. (Oral): 1. The present writ petition has been filed challenging the Vacation Notice dated 13th October, 2025, issued under Section 349 of the Delhi Municipal Corporation Act, 1957 (“DMC Act”) issued by respondent- Municipal Corporation of Delhi (“MCD”), with respect to property of the petitioner bearing No. S-42/A (Corner), Budh Vihar, Phase-1, New Delhi – Signature Not Verified Digitally Signed W.P.(C) 17037/2025 Page 1 of 6 By:HARIOM SHARMA Signing Date:12.11.2025 20:19:58 110086. 2. This Court notes that the present writ petition has been filed on the premise that the aforesaid Vacation Notice has been issued despite the fact that regularization application of the petitioner is still pending. 3. Today, learned counsel appearing for the respondent-MCD has handed over copy of Status Report, which is stated to have already been filed. The same is taken on record. 4. As per the said Status Report, after the remand of the matter by Appellate Tribunal, MCD (“ATMCD”) in the previous proceedings initiated by the petitioner, a final order dated 28th March, 2025, has already been issued by the office of Executive Engineer (Building), Rohini Zone-