Dismissed

M/C Richi Store v. Government of NCT of Delhi & Ors.

Delhi HC7 Nov 2016W.P.(C)/10487/2016

Case brief

AI extract

What is this about?

Petitioner sought quashing of suspension notice alleging violation of Regulation 4 of Delhi Specified Articles Regulation 1981. Court allowed withdrawal of petition with liberty to approach respondents if decision is delayed or adverse. Petition dismissed as withdrawn.

What did the court decide?

Petition dismissed as withdrawn with liberty to approach respondent authorities in case of delay or adverse decision.

M/C Richi Store Vs Government of NCT of Delhi & Ors. — Writ and Judicial Review | Delhi HC (2016)

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$~100

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IN THE HIGH COURT OF DELHI AT NEW DELHI

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- W.P.(C) 10487/2016

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M/C RICHI STORE ..... Petitioner

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Through : Mr Parinav Gupta, Mr Pardeep Gupta and Ms Mansi Gupta, Advocates.

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versus

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GOVERNMENT OF NCT OF DELHI & ORS

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..... Respondents Through : Ms Aayushi Gupta, Mr Akshay Choudhary and Mr Raman Duggal, Advocates.

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CORAM:

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HON'BLE MR. JUSTICE SANJEEV SACHDEVA O R D E R

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% 07.11.2016 CM No.41138/2016(exemption)

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Allowed, subject to all just exceptions.

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W.P.(C) 10487/2016 & CM No.41137/2016(stay)

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The petitioner, by the present petition, seeks quashing of suspension-cum-show cause notice dated 06.08.2016, inter alia, on the ground that Regulation 4 of the Delhi Specified Articles (Regulation of Distribution Order), 1981 stipulates that the maximum period of suspension is three months. It is contended that in the said period of three months, the respondent – Deputy Commissioner has to give an opportunity of hearing and take a decision.

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It is contended that the respondent has even on expiry of three months not taken a final decision in the matter.

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WP(C)10487/2016

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Page 1

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Learned counsel for the respondent, who appears on advance notice, submits that the petitioner was asked to appear on 10.08.2016 but the petitioner did not appear and for the first time, appeared on 15.10.2016. It is contended that the petitioner initially was given an opportunity to file a reply by 05.11.2016. However, since reply was not furnished till that date, another opportunity has been given to the petitioner to file reply by 09.11.2016.

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It is contended that the period between 10.08.2016 (the date when petitioner was asked to appear) and 15.10.2016 (the date when the petitioner, for the first time, appeared), is liable to be excluded. It is contended that the respondent shall take a decision within the period of three months excluding the said period.

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Learned counsel for the petitioner seeks leave to withdraw the petition with liberty to approach the respondent in case the respondents do not expeditiously decide the show-cause notice or in case the decision is against the petitioner.

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The petition is accordingly dismissed as withdrawn with liberty to the petitioner, as prayed.

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Dasti under signatures of the Court Master.

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SANJEEV SACHDEVA, J

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NOVEMBER 07, 2016 ‘sn’

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Page 2

M/C Richi Store v. Government of NCT of Delhi & Ors.

Case brief

What is this about?

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M/C Richi Store v. Government of NCT of Delhi & Ors.

Case brief

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