Manoj Kumar vs Land And Building Department

Headnote Court Copy Facts Arguments Court observation Judicial Analysis Case Map Category Hierarchy Table of Content

2023 Supreme(Del) 4671

IN THE HIGH COURT OF DELHI AT NEW DELHI
Mini Pushkarna, J.
Manoj Kumar – Appellant
Versus
Land And Building Department & Ors. – Respondents
W.P.(C) 1932 of 2019
Decided On : 04-05-2023

Important Points

Failure to take necessary legal steps can result in the disposal of a petition with liberty to file a fresh petition.

Subject

Civil Law - Writ Petition

Headnote

Substitution - Legal Representatives - Disposal of Writ Petition

Fact of the Case:

The petitioner did not file an application for substitution of the Legal Representatives of the deceased petitioner and did not challenge the order rejecting the application for alternative allotment of land.

Finding of the Court:

The court disposed of the writ petition with liberty to file a fresh petition challenging the rejection of the application for alternative allotment of land.

Issues: Failure to file application for substitution and failure to challenge the rejection order.

Ratio Decidendi: The court's decision was influenced by the petitioner's failure to take necessary legal steps in the case.

Final Decision: The present petition was disposed of with liberty to file a fresh petition challenging the rejection of the application for alternative allotment of land.

Advocates appeared:
Mr. N.S. Dalal, Mr. Devesh Pratap Singh, Mr. Alok Kumar and Ms. Rachana Dala, Advocates, for the Petitioner.
Mr. Sanjay Kumar Pathak, Advocate with Mr. Sunil Kumar Jha, Mr. M.S. Akhtar and Ms. Nidhi Thakur, Advocates, for R-1 & 2.

JUDGMENT

[Physical Hearing/Hybrid Hearing]

Mini Pushkarna, J. (Oral)

1. Despite opportunity, no application has been filed for substitution of the Legal Representatives of the deceased petitioner.

2. It is seen from the record that the petitioner has not challenged the order dated 04.12.2019, by which the application of the petitioner for alternative allotment of land was rejected.

3. In view of the aforesaid, the present writ petition is disposed of with liberty to the petitioner to file fresh petition challenging the order dated 04.12.2019 passed by the respondents, by which application for alternative allotment of land was rejected.

4. The present petition is disposed of in the aforesaid terms.