' - r 41# o/o 13.04.2010 Present: Mr. Anirudh Rajput for the petitioner. Mr. Ashotosh Lohia for the respondent. +CM.No.4874/2010 in W.P(C) No. 2436/2010 * Allowed subject to all just exceptions. W.P(C) No. 2436/2010 I By this petition filed under Article 226 of the Constitution of India the petitioner seeks to challenge the notice/order dated 25.3.2010, whereby directions have been given to the petitioner to remove the alleged unauthorized construction existing in his flats bearing no. 101,201 and 301, Adishwar Apartments, 34, Feroze Shah Road, New Delhi. Mr. Lohia counsel for the respondent appears on 'fF advance notice and submits that the petitioner has equally efficacious remedy to challenge the said order before the Appellate Tribunal which remedy the petitioner has not exhausted before approaching this court. In view of the said submission of counsel for the respondent, counsel for the petitioner seeks to withdraw the Digitally Signed By:AMULYA Certify that the digital file and physical file have been compared and the digital data is as per the physical file and no page is missing. Signature Not Verified present petition with liberty to challenge the impugned order before the Appellate Tribunal of NDMC. Reserving the said liberty, petition stands dismissed as withdrawn. Counsel for the petitioner prays that the petitioner may be protected till the petitioner files appeal before the Appellate Tribunal. It is directed that for 15 days no coercive acti'1>n be taken by the respondent against the petitioner in terms of the impugned order. DASTI. April 13, 2010 mg KAI