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2019 Supreme(Del) 1766

V.KAMESWAR RAO
Vasumati Mahajan – Appellant
Versus
South Delhi Municipal Corporation – Respondent


Advocates Appeared:
For the Appellant : Mr. Ravi Gupta, Sr. Adv. with Mr. Ankit Jain, Mr. Sachin Jain, And Mr. Sarvesh Rai, Advs.
For the Respondent: Mr. Ajjay Aroraa and Mr. Kapil Dutta, Advs., Mr. A.K. Vali and Mr. Bhaskar Vali, Advs.

JUDGMENT :

V. Kameswar Rao, J.

1. The present petition has been filed by the petitioners with the following prayers:-

“In the aforesaid facts and circumstances of the case, it is, therefore, respectfully prayed that this Hon’ble Court may kindly be pleased to pass:

A. A Writ, Order and/or Direction in the nature of PROHIBITION, inter alia restraining the Respondent Nos. 1 to 3 from granting any permission to Respondent No.4 and/or 5 to open any school, including any Pre-Primary School/Montessori Preschool/Daycare, from ground floor and/or basement of property bearing no. E-68, Vasant Marg, Vasant Vihar, New Delhi.

B. A Writ, Order and/or Direction, in the nature of MANDAMUS, inter alia directing the Respondent Nos.1 to 3 to ensure that no school, including any Pre-Primary School/Montessori Preschool/Daycare, is opened from ground floor and/or basement of property bearing No. E-68, Vasant Marg, Vasant Vihar, New Delhi.

AND/OR

ANY OTHER FURTHER WRIT, ORDER AND/OR DIRECTION, WHICH THIS HON’BLE COURT MAY DEEM JUST FIT AND PROPER, IN THE FACTS AND CIRCUMSTANCES OF THE CASE, IN FAVOUR OF THE PETITIONERS.

2. It is the case of the petitioners that the petitioner No.1 is one of the co-owners of the

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