2007 (1) TMI 648

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..... AT, J. 1. The petitioner is aggrieved by a summoning order issued by the learned Metropolitan Magistrate on a complaint preferred under Section 347/461 of the Delhi Municipal Corporation Act. 2. The MCD in its complaint dated 05.11.05 had alleged that the petitioners were guilty of violation of provisions of the Act inasmuch as they had changed the use of the property in question from resi .....

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..... the Court had held that the trial Court in that case had fallen into error in issuance of cyclostyle proforma order. Similarly, this Court had noticed that such cyclostyled orders display a cavalier approach to the solemn duty, which the Magistrate has to apply his mind, and also disclose it in an appropriate manner. In D.A. Mehta's case the Court held as follows: The Magistrate is require .....

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..... passed muster if it was a show-cause notice in administrative proceedings. It cannot, however, stand scrutiny where as in the present case, the consequences are penal in nature. 6. In view of the above reasons, I am of the opinion that the impugned order cannot be sustained. It is accordingly quashed. The matter is remitted to the concerned Magistrate for issuing appropriate orders in accordanc .....

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