The Chief Justice of Delhi dismissed a Letters Patent Appeal filed for exemption and stay regarding a pending grievance, holding that an appropriate application before the Single Judge was required and the appeal at this stage was misconceived.
Leave and liberty to move an application in W.P.(C) No.686/2016; appeal dismissed.
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HAJARA BEGUM ..... Appellant Through: Mr. Anuj Aggarwal with Mr. Ashutosh Dixit, Advs.
Versus
THE GOVT OF NCT OF DELHI & ORS ..... Respondents Through: Mr. Puneet Garg, Law Officer for R-4/DMRC.
CORAM: HON'BLE THE CHIEF JUSTICE HON'BLE MS. JUSTICE SANGITA DHINGRA SEHGAL O R D E R % 15.11.2016
CM No.42304/2016 (exemption)
Allowed, subject to all just exceptions.
LPA No.640/2016 & CM Nos.42302/2016 (stay) & 42303/2016 (delay)
Since the writ petition is still pending, the petitioner/appellant herein could have filed an appropriate application before the learned Single Judge for redressal of her grievance. The Letters Patent Appeal, at this stage, is misconceived and cannot be entertained.
Accordingly, granting leave and liberty to move an application in W.P.(C) No.686/2016, the appeal is dismissed.
CHIEF JUSTICE
SANGITA DHINGRA SEHGAL, J
NOVEMBER 15, 2016 kks
1 issue framed by the court
Whether a Letters Patent Appeal filed as a stay petition is maintainable while the underlying writ petition remains pending.
HAJARA BEGUM
THE GOVT OF NCT OF DELHI
SANGITA DHINGRA SEHGAL
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
