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Issues involved:
The judgment involves a challenge to a summoning order issued under Section 347/461 of the Delhi Municipal Corporation Act regarding the alleged violation of property use from residential to commercial. Summary: Issue 1: Alleged violation of property use The Metropolitan Magistrate issued a summoning order based on a complaint by the MCD, alleging that the petitioners changed the property's use from residential to commercial without authorization. The petitioner argued that the order was stereotyped and lacked application of mind by the Court, citing precedents like D.A. Mehta v. The Regional Director, ESI Corporation and Flex Foods Ltd. v. Registrar of Companies. The Court emphasized the importance of judicial orders reflecting the application of mind and criticized the use of cyclostyled orders for penal consequences. Consequently, the impugned order was quashed, and the matter was remitted for appropriate orders after due consideration of the evidence. This judgment highlights the necessity for judicial orders to demonstrate a thoughtful consideration of the facts presented, especially in cases with penal implications. The Court's decision to quash the order and remit the matter for proper consideration underscores the significance of procedural diligence in legal proceedings.
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