Partly allowed

Sh. K.R. Phaningthing v. the Registrar General Census Operations & Anr.

Delhi HC23 Apr 2024W.P.(C)/5569/2024

Case brief

AI extract

What is this about?

Delhi High Court granted liberty to petitioner to file a review application before Central Administrative Tribunal within one week without it being dismissed on delay grounds, while dismissing the writ petition without expressing opinion on merits.

What did the court decide?

Liberty granted to file review before Central Administrative Tribunal within one week; writ petition dismissed without expression of opinion on merits.

Sh. K.R. Phaningthing Vs the Registrar General… — Civil Procedure and Limitation | Delhi HC (2024)

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$~57

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IN THE HIGH COURT OF DELHI AT NEW DELHI

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W.P.(C) 5569/2024 SH. K.R. PHANINGTHING ..... Petitioner Through: Mr. Kahorngam Zimik, Mr. Gaichangpou Gangmei, Mr. Yashvir Kumar, Ms. Nisha Pandey, Mr. Maitreya Mahaley and Mr. Yimyanger Longkumer, Advocates.

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versus

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THE REGISTRAR GENERAL CENSUS OPERATIONS & ANR. ..... Respondents

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Through: none.

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CORAM:

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HON'BLE MS. JUSTICE REKHA PALLI HON'BLE MR. JUSTICE SAURABH BANERJEE

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O R D E R % 23.04.2024

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CM APPL. 23007/2024, CM APPL. 23008/2024 & CM APPL. 23009/2024 (exemption)

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Allowed, subject to just exceptions.

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The applications are disposed of.

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W.P.(C) 5569/2024 & CM APPL. 23006/2024 -Stay.

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The present petition under Articles 226 and 227 of the Constitution of India seeks to assail order dated 24.11.2023 passed by the learned Central Administrative Tribunal in OA No.4150 of 2015. Vide the impugned order, the learned Tribunal has dismissed the Original Application (OA) filed by the petitioner/applicant.

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After some arguments, learned counsel for the petitioner submits that

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This is a digitally signed order.

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The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 25/04/2024 at 12:22:41

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since the averments of the petitioner recorded in the impugned order were based on a factually incorrect premise, he may be granted liberty to seek review of the order before the learned Tribunal.

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As prayed for, while granting liberty to the petitioner to file a review before the learned Tribunal, we dismiss the petition. We however, direct that in case a review is filed by the petitioner within one week from today, the same will be considered by the learned Tribunal on merits and will not be dismissed on the ground of delay.

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We however, make it clear that we have not expressed any opinion on the merits of the petitioner’s case.

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REKHA PALLI, J

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SAURABH BANERJEE, J

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APRIL 23, 2024/So..

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This is a digitally signed order.

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The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 25/04/2024 at 12:22:41

Sh. K.R. Phaningthing v. the Registrar General Census Operations & Anr.

Case brief

What is this about?

What did the court decide?

Sh. K.R. Phaningthing v. the Registrar General Census Operations & Anr.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

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Coram

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