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Petition for leave to file suit against Government

IN THE COURT OF THE CIVIL JUDGE, CITY COURT, NEW DELHI
I.A. No. 24/2025 in O.S. No. 1025/2025


Mr. Arjun Kumar

….Petitioner/Plaintiff


Vs.


The Government of NCT of Delhi

….Respondent/Defendant

Petition filed on behalf of the Petitioner under Section 80(2) of the Code of Civil Procedure (CPC)

The petitioner respectfully submits that, for the reasons stated in the accompanying affidavit, this Hon’ble Court may be pleased to dispense with the notice under Section 80(1) of the CPC to the respondent and grant leave to file the suit against the Government, and to pass such other orders as this Hon’ble Court deems fit and proper in the circumstances and in the interest of justice.

Place: New Delhi
Date: 6th June 2025

Advocate for the Petitioner
(Signature)

IN THE COURT OF THE CIVIL JUDGE, CITY COURT, NEW DELHI
I.A. No. 24/2025 in O.S. No. 1025/2025


Mr. Arjun Kumar

…. Plaintiff


Vs.


The Government of NCT of Delhi

…..Defendant

Affidavit

I, Mr. Arjun Kumar, S/o Mr. Ramesh Kumar, Hindu, aged about 35 years, Businessman, residing at 123, Green Park, New Delhi, do hereby solemnly affirm and state as follows:

  1. I am the plaintiff in the suit and the petitioner herein. I am fully acquainted with the facts of the case.
  2. I have filed the present suit seeking permanent injunction and other consequential reliefs against the Government of NCT of Delhi. The contents of the plaint may be read as part and parcel of this affidavit.
  3. I respectfully state that I had constructed a godown on the suit schedule property, strictly in accordance with the approved plan issued by the competent authorities.
  4. However, about seven days ago, the first defendant issued a notice stating their intention to demolish the northern side of the godown for road margin development, without providing any prior notice or fair opportunity to be heard.
  5. The officials of the first defendant are acting in a high-handed manner and are threatening to demolish the structure. I constructed the godown approximately 20 years ago and have been regularly paying property tax to the concerned municipal authorities.
  6. The said godown is being used for storage of cement bags, and any unauthorized demolition would result in severe financial loss and irreparable damage to stored materials.
  7. Due to the urgent and emergent nature of the situation, there was no sufficient time to serve notice under Section 80(1) CPC. Therefore, I am constrained to file this suit without issuing the statutory notice.
  8. I most humbly pray that this Hon’ble Court may be pleased to dispense with the requirement of notice under Section 80(1) CPC and grant leave to file the suit for the protection of my rights and to prevent irreparable harm. Otherwise, the very purpose of filing the suit will be frustrated.

Deponent

Solemnly affirmed, and the contents of this affidavit were read over and explained to the deponent in Telugu, who, after fully understanding the same, affixed his thumb impression/signature before me on this 6th day of June, 2025.

Place: New Delhi
Date: 6th June 2025

Advocate
(Signature)