Writ petition
Tripathi
(Querist) 18 April 2017
This query is : Resolved
Dear Sirs,
My neighbors have made illegal constructions on two flats (one over the other ) and we filed a civil suit. After due process of law, the Lok Adalat Decree is awarded for the demolition of the said illegal constructions. But only cosmetic demolition is done by the MCD (Municipal Corporation of Delhi)
1.So, we have filed an execution petition in the lower court and the proceedings are going on.
2. When the main civil suit was on,one of the neighbor has filed a FIR under sections 506,509, 354 (c), 354 (d) on my husband.
3. We filed a quashing of the FIR within four months of registration of FIR and the high court advised us to withdraw the same since any lack of evidence will come out in trail. And we withdrawn it.
4. Even after 20 months, despite filing status report application in the lower court, the charge sheet is yet to be filed.
Apparently, there is no evidence and the FIR was registered since the complainant's husband was are retired police officer.
5. Despite the execution petition, the MCD authorities has regularized one of the flat and is trying to regularize the other one also since the owners are influential people.
6. One of the owner has also filed an appeal against the MCD at the Appellate Tribunal.
7. He has filed an appeal when the Civil Proceedings were On and the same was withdrawn by them after the Lok Adalat decree.
8. But to our surprise, before the withdrawal, they have filed another appeal application in the same Appellate Tribunal before withdrawing the first one.
9. That is on a particular day, concurrently, there were two appeal applications were at the MCD Appellate Tribunal.
10. Despite pointing the filing of the two appeal applications in the MCD Appellate Tribunal, the MCD AT did not gave the importance at all on this issue and the proceedings are on.
We have filed an application under section 1 (10) for impleading in the Tribunal hearings and is yet to be considered even after eight months.
7. The other owner has onceagain re-constructed the partially demolished portion of the flat even when proceedings of the execution petition is going on.
8. To save their skin, MCD has issued a Work Stop Notice to the owner and filed a complaint with the local police station on the same. This we came to know when the MCD filed an affidavit during the hearing of the execution petition.
Basically, we are running from one court to another like Civil Suit, Execution Petition, MCD Appellate Tribunal, Criminal case, Quashing of FIR etc etc since we are fighting for our rights.
With due apologies to you all, please advise us on the following:
1. Can we take up the whole matter in the form of Writ petition in High Court since multiple courts / cases are involved?
2. Can we go for the Writ despite our Execution Petition in the lower court? We have photographic evidence to show that the said illegal construction is not demolished fully.
3.Understand that two appeals on the same matter is not maintainable.
What needs to be done when the MCD Apellate tribunal is not even considering the dismissal of the appeal application of the owner due to the concurrent appeals filed by them. Will the writ petition help us on this?
4. Since the charge sheet is yet to be filed even after 20 months, will the writ petition can be a remedy?
5. Since one of the owner has re-constructed the partially demolished flat when the Execution Petition is On, whether the writ can be be a filed despite the execution petition?
6. Since MCD has regularised one of the flat despite the award of the Lok adalat decree since the said order is for the demolition, whether the writ can be be a filed despite the execution petition proceedings?
Onceagain, our sincere apologies for the inconvenience caused.
With regards,
Ms.Tripathi
R.K Nanda
(Expert) 18 April 2017
u cannot file writ petition during the pendancy of so many cases in various courts as writ is last remedy.
P. Venu
(Expert) 18 April 2017
This is a repeated query. I had made the following suggestion "The Civil dispute and the FIR are lodged are separate and unconnected issues; each needs to be dealt on its owm merits.
On the matter settled in the Adalat, your husband can move an execution petition.
As regards to the FIR, it is not necessary that it should result in a criminal proceedings. You or your husband can obtain the FIR and related documents under FIR and address the SP of the District if the complaint is really motivated to ensure that proper investigation takes place in the matter."
Any further suggestion requires that facts are properly examined.
