SUDESH CHHIKARA Vs. DIVISIONAL COMMISSIONER

JUDGEMENT

(1.) The present letters patent appeal has been filed assailing the judgment dtd. 2/4/2024 (hereinafter referred as "impugned judgment"), whereby the learned Single Judge has declined to entertain the writ petition filed by the appellant bearing W.P.(C) 4695/2024 titled Sudesh Chhikara vs. Divisional Commissioner, Delhi & Ors., on the ground that the appellant had not been able to demonstrate the perversity in the observations made by two authorities/forum below i.e. by the Appellate Court of Divisional Commissioner as also by the District Magistrate, (South-West), Delhi.

(2.) The appellant had preferred the underlying writ petition challenging the order dtd. 13/12/2023 passed by the Appellate Court of the Divisional Commissioner, Delhi rejecting the appeal filed by the appellant herein assailing the order dtd. 14/9/2021 passed by the District Magistrate wherein the District Magistrate had directed the appellant herein to vacate the property bearing No. C-33, Mansa Ram Park, New Delhi- 110059 (hereinafter referred as "Subject property").

(3.) It is the case of the appellant that respondent no.3/Baljeet Singh, who is father-in-law of the appellant, had filed a petition bearing case appeal no.1/82/2017 titled "Baljeet Singh vs. Sudesh Chhikara" under the Maintenance and Welfare of Parents and Senior Citizens Act, 2007 (hereinafter referred to as "Senior Citizens Act, 2007") for the eviction of the appellant from the subject property before the respondent no.2/District Magistrate (South-West), Delhi (hereinafter referred as "District Magistrate"). Thereafter, the appellant preferred writ petition bearing W.P.(C) 11326/2019 before this court challenging the jurisdiction of the District Magistrate in entertaining the petition of the respondent no.3 on the ground that the subject property is not a residential property as the appellant was running a school from the subject property.