Disposed

Santosh Gupta v. Govt. of NCT of Delhi and Ors.

Delhi HC1 Nov 2019W.P.(C)/11551/2019

Case brief

AI extract

What is this about?

The Chief Justice disposed of the writ petition regarding private CNG vehicle restrictions during the Odd-Even scheme, staying the matter by directing the respondents to decide the pending representation rather than adjudicating the merits.

What did the court decide?

Direction to respondents to decide the pending representation by 05.11.2019 and dismissal of the writ petition.

Santosh Gupta Vs Govt. of NCT of Delhi… — Constitutional and Fundamental Rights | Delhi HC (2019)

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$~30

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* IN THE HIGH COURT OF DELHI AT NEW DELHI

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Date of decision: 01.11.2019

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W.P.(C) No.11551/2019

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SANTOSH GUPTA ..... Petitioner Through Mr.Abhijit Sinha, Adv. with Mr.Akhil Sachar, Adv.

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versus

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GOVT. OF NCT OF DELHI AND ORS. ..... Respondents Through Mr.Sanjay Jain, ASG with Mr.Sanjoy Ghose, Adv. & Mr.Naman Jain, Adv. for R-1 & 2/GNCTD. Mr.Rajesh Kumar, Adv. for R-3. Mr.Deepayan Mandal, Adv. for R-4.

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CORAM:

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HON'BLE THE CHIEF JUSTICE HON'BLE MR. JUSTICE C.HARI SHANKAR

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JUDGMENT

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D.N. PATEL, Chief Justice (Oral)

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CM No.47471/2019 (for exemption)

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Exemption allowed, subject to all just exceptions.

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The application stands disposed of.

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W.P.(C) 11551/2019 & CM No.47470/2019 (for interim relief)

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This petition has been preferred with the following prayers:-

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“a) Issue a Writ, Order or direction in the nature of Mandamus and/or a Writ, order or direction in the nature of Mandamus calling for the records of

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WP(C) No.11551/2019 Page 1 of 3

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the case and after examining the legality and validity of the same call upon the Respondent No.1 to disclose as to whether Private CNG Vehicles shall be restricted In the forthcoming Odd Even Scheme In the National Capital Territory of Delhi from 04.11.2019 to 15.11.2019;

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b) In the event, the Respondent No.1 informs that there would be such a restriction, issue a Writ, Order or Direction in the nature of Certiorari and/or a Writ, order or direction in the nature of Certiorari calling for the records of the case and after examining the legality and validity of the same quash any purported Notification/Office Order/Executive Direction issued by the Respondents restricting the plying of Private CNG Vehicles in the proposed Odd-Even Drive to be scheduled to be held from 04.11.2019 to 15.11.2019;

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c) Issue a Writ, Order or direction in the nature of Mandamus and/or a Writ, order or direction in the nature of Mandamus calling for the records of the case and after examining the legality and validity of the same direct the Respondents to permit all private CNG vehicles to ply in the proposed oddeven drive to be scheduled to be held from 04.11.2019 to 15.11.2019;

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d) Pass such other or further orders as this Hon'ble Court may deem fit and proper in the facts and circumstances of the present case.”

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It is submitted by counsel for the petitioner that the representation preferred by the petitioner is pending with the respondents. Learned Additional Solicitor General appearing for the respondent nos.1 & 2 submitted that the said representation would be decided as early as possible.

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In view of the aforesaid statement and as the representation of

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WP(C) No.11551/2019 Page 2 of 3

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the petitioner is pending with this respondent no.1 & 2, we hereby direct the respondent nos.1 & 2 to decide the representation of the petitioner (which is annexure P-6 to the writ petition), in accordance with law, rules, regulations and Government policies applicable to the facts of the case, as early as possible and practicable, preferably on or before 05.11.2019. Counsel for the respondent no.4 also seeks some directions from this Court to the respondent nos.1 & 2. The respondent no.4 may also make a representation before respondent nos.1 & 2 whereupon the respondent nos.1 & 2 will take into consideration the contention of respondent no.4.

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With these observations, this writ petition is hereby disposed of along with pending application.

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CHIEF JUSTICE

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C.HARI SHANKAR, J NOVEMBER 01, 2019/aa

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WP(C) No.11551/2019 Page 3 of 3

Santosh Gupta v. Govt. of NCT of Delhi and Ors.

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Santosh Gupta v. Govt. of NCT of Delhi and Ors.

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