HARIOM & ANR. v. THE STATE GOVT OF NCT OF DELHI & ORS.
W.P.(C)/7970/2025 · 2025-05-29
Sachin Datta
Writ Petition (Civil)body2025
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[ 2025 DAILYLAW 20606 (DEL) · dailylaw.ai ]
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[ 2025 DAILYLAW 20606 (DEL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
$~122 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 7970/2025, CM APPL. 34994/2025
HARIOM & ANR.
.....Petitioner
Through: Mr. Ajit Rajput, Adv.
versus
THE STATE GOVT OF NCT OF DELHI & ORS. .....Respondent
Through: Adv. (Appearance not given)
CORAM:
HON'BLE MR. JUSTICE SACHIN DATTA
O R D E R %
29.05.2025 CM APPL. 34995/2025 (Exemption)
1. Allowed, subject to all just exceptions.
2. The application stands disposed of.
W.P.(C) 7970/2025
3. The present petition seeks to assail an order dated 25.04.2025 passed by the District Magistrate, Jam Nagar House, Shahjahan Road, New Delhi in case bearing Eviction No. 17/2024 titled as ‘Ved Prakash & Anr. Vs. Hariom & Ors’. filed under the provisions of Maintenance and Welfare of Parents and Senior Citizen Act, 2007 (hereinafter referred as ‘Act of 2007’).
4. The present petition has filed in backdrop of a complaint filed under the provisions of the Act of 2007 against the petitioners by the respondent nos. 2 and 3 (parents of petitioner no.1) seeking that the petitioners be
directed to vacate property bearing no. M-31/1, Connaught Place, New Delhi
5. Admittedly, the said order is appealable under Rule 22(3)(4) of the 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 01/07/2025 at 19:43:46
Delhi Maintenance and Welfare of Parents and Senior Citizen Rules, 2009, in fact, the appellate remedy has been availed by the petitioner by filing an appeal before the concerned appellate forum i.e., Appellate Court of Divisional Commissioner, Office of PR. Secretary-cum-Divisional Commissioner, Department of Revenue, Government of NCT of Delhi.
6. In the circumstances, the present petition this Court deems it apposite to relegate the petitioner to the concerned Appellate Authority.
7.
Learned counsel on behalf of the petitioner apprehends that the directions contained in the impugned order dated 25.04.2025 may be executed prior to consideration of the matter by the Appellate Authority and therefore seeks interim protection. This aspect shall also be duly considered by the Appellate Authority.
8. The present petition is disposed of in the above terms. Pending applications also stand disposed of.
SACHIN DATTA, J MAY 29, 2025/uk
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 01/07/2025 at 19:43:46