CHAMELI DEVI vs ASHWANI KUMAR & ANR.

Judgment text excerpt

$~90 * IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of Decision: 26.09.2025 + CM(M) 1914/2025, CM APPL. 61732/2025 & CM APPL. 61731/2025 CHAMELI DEVI .....Petitioner Through: Mr. O.P. Gutpa and Ms. Megha Gupta, Advocates. versus ASHWANI KUMAR & ANR. .....Respondents Through: Mr. Umakant Mishra, Advocate. CORAM: JUSTICE GIRISH KATHPALIA ORDER (ORAL) 1. The petitioner has approached this court invoking jurisdiction under Article 227 of the Constitution of India because the Appellate Tribunal MCD is currently not functional and is awaiting appointment of a Presiding Officer. 2. It is contended on behalf of petitioner that in case her appeal is not heard, the subject property may be demolished by the respondent/MCD. It appears that the appeal filed by the petitioner was listed on 03.09.2025 before the Appellate Tribunal MCD but since the Presiding Officer is yet to CM(M) 1914/2025 Page 1 of 2 pages Digitally signed by GIRISH KATHPALIA Signature Not Verified GIRISH DN: c=IN, o=HIGH COURT OF DELHI, 2.5.4.20=8401dd889b27a77b2f65ffffe4afec4 5569af3962c6fb4835d435f97626cacca, ou=HIGH COURT OF DELHI,CID - 7047638, KATHPALIA postalCode=110003, st=Delhi, Digitally Signed serialNumber=d3e86796451ec45c07b5d155 70996b40f80cbd2eee60402c487965ff801e2 6fa, cn=GIRISH KATHPALIA By:NEETU N NAIR Date: 2025.09.26 13:56:31 -07'00' Signing Date:26.09.2025 15:49:49 join, Reader of the Tribunal adjourned the appeal to 19.09.2025. 3. Learned counsel for respondents appearing on advance intimation accepts notice and in all fairness submits that without respective rights and contentions of the parties, no precipitative action shall be taken by the respondent/MCD against the subject property till stay application in the appeal of the petitioner is heard by the Appellate Tribunal MCD. 4. In view of