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2023 DAILYLAW 7363 (DEL)

SH. MANISH AGGARWAL v. THE ESTATE OFFICER & ORS.

W.P.(C)/14739/2023 · 2026-07-22

Harish Vaidyanathan Shankar

Writ Petition (Civil)body2023

Judgment text

Extracted from the PDF above. The PDF is authoritative.

$~23 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 14739/2023, CM APPL. 25226/2025 (Dir.), CM APPL. 73220/2025 (Seeking appointment of Nodal Officer) & CM APPL. 77448/2025 (Seeking interim stay) SH. MANISH AGGARWAL .....Petitioner Through: Petitioner in person. versus THE ESTATE OFFICER & ORS. .....Respondents Through: Ms. Manika Tripathy, SC for DDA with Mr. Ashutosh Kaushik, Panel Counsel for DDA & Mr. Saksham Singh, Adv. for R-2. Ms. Seema Singh, Adv. for R-5 CORAM: HON'BLE MR. JUSTICE HARISH VAIDYANATHAN SHANKAR O R D E R % 22.07.2026 1. The present Writ Petition, under Article 226 and 227 of the Constitution of India, has been filed seeking the following reliefs: “A) Issue appropriate writ, order or direction striking down/declaring that Section 3 of The Public Premises (Eviction of Unauthorized Occupants) Act, 1971 is Ultra Virus to The Constitution Of India; (B) Issue appropriate writ, order or direction declaring that the sealing/locking the premises of Respondent No. 4 Club and stopping the activities of the Respondent No. 4 Club on 29.09.2023 on the basis of order dated 27.09.2023 were unconstitutional and in violation of fundamental and statutory rights of the club, its members and employees; (C) Issue appropriate writ, order or direction declaring that the sealing/locking the premises of Respondent No. 4 Club and stopping the activities of the respondent no. 4 on 29.09.2023 at 05:00 AM - 06:00 AM (before sun rise) in the morning (before 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 27/07/2026 at 15:43:26 sunrise) was void ab-initio since it was in direct contravention of rule 7 of the Public Premises (Eviction of Unauthorized Occupants) Act, 1971 as such the entire sealing was unconstitutional and in violation of fundamental and statutory rights of the club and its members; (D) Issue appropriate writ, order or direction to quash the Draft Policy to run the Club as the said policy is against/ in contravention of the statement made by Ld. Additional Solicitor General (ASG) in order dated 06.10.2023 in LPA no 497/2023 and also being void ab-initio as the same is hit by the provisions of Articles 13-15, 19, 21 and 301-A of Constitution Of India. …” 2. Mr. Manish Aggarwal, Petitioner in person, seeks leave of this Court to withdraw the present Writ Petition to avail such remedies as are permissible under law. 3. Leave and liberty, as sought for, are granted. 4. Accordingly, the present Writ Petition stands dismissed as withdrawn. HARISH VAIDYANATHAN SHANKAR, J. JULY 22, 2026/v/va 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 27/07/2026 at 15:43:26