Sewa Ram Vs New Delhi Municipal Council & Anr. — Writ and Judicial Review | Delhi HC (2025)

Sewa Ram Vs New Delhi Municipal Council & Anr. — Writ and Judicial Review | Delhi HC (2025)

What the court decided

AI extract

Outcome

Petition disposed of with directions: petitioner to file an appropriate application before the competent authority/respondents (with copy of the order) within one week; competent authority/respondents to decide the representation dated 26 November 2024 expeditiously, preferably within 8 weeks, in accordance with law, and communicate the decision to the petitioner in writing within 2 weeks thereafter.

Issue for consideration

Whether the respondents/competent authority should be directed to decide the petitioner's representation dated 26 November 2024 in a time-bound manner.

Court's answer

The Court disposed of the petition (petitioner having stated he was not pressing it on merits) and directed the petitioner to file an appropriate application praying to decide his representation dated 26 November 2024 before the competent authority/respondents, along with a copy of this order, within one week.

Ratio / Principle

The exemption applications CM APPL. 75503/2024 and CM APPL. 75504/2024 were allowed subject to all just exceptions and stand disposed of.

Key takeaways

On receipt of the said application, the competent authority/respondents are directed to decide the petitioner's representation expeditiously, preferably within 8 weeks, in accordance with law, and to communicate the decision to the petitioner in writing within 2 weeks thereafter.ratio¶23

Detailed headnote1 paragraphs

Delhi High Court (Chandra Dhari Singh and Manoj Jain, JJ.), order dated 14.01.2025 in W.P.(C) 17746/2024 (Sewa Ram v. New Delhi Municipal Council & Anr.): writ petition under Article 226 of the Constitution of India, which sought a direction to the respondents to decide the petitioner's representation dated 26 November 2024 (annexed as Annexure P-7), was disposed of at the petitioner's request, the petitioner stating he was not pressing the petition on merits. Petitioner directed to file an appropriate application before the competent authority/respondents with a copy of the order within one week; on receipt thereof, the competent authority/respondents directed to decide the representation expeditiously, preferably within 8 weeks, in accordance with law, and to communicate the decision in writing within 2 weeks thereafter.

$~2

IN THE HIGH COURT OF DELHI AT NEW DELHI

- W.P.(C) 17746/2024

SEWA RAM .....Petitioner

Through: Mr. Bharat Aggarwal, Advocate

versus

NEW DELHI MUNICIPAL COUNCIL & ANR. ....Respondents Through: Mr. Sriharsha Peechara, Standing Counsel with Mr. Akshat Kulshreshtha and Mr. D.S. Bhanu, Advocates

CORAM:

HON'BLE MR. JUSTICE CHANDRA DHARI SINGH HON'BLE MR. JUSTICE MANOJ JAIN

O R D E R % 14.01.2025

CM APPL. 75503/2024 (for exemption) CM APPL. 75504/2024 (for exemption)

Allowed, subject to all just exceptions.

Applications stand disposed of.

W.P.(C) 17746/2024

The instant petition under Article 226 of the Constitution of India has been filed on behalf of the petitioner seeking direction to the respondents to decide his representation dated 26^th November, 2024.

Heard.

Issue notice.

Mr. Sriharsha Peechara, learned standing counsel accepts notice on behalf of respondents.

This is a digitally signed order.

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 24/01/2025 at 14:56:03

Learned counsel for the petitioner submitted that he is not pressing the present petition on merits and prayed that the same be disposed of by directing the competent authority/respondents to decide the petitioner’s representation in a time bound manner. The said representation is annexed as Annexure P-7 to the present petition.

Learned standing counsel for the respondents submitted that he has no objection to the submission made by learned counsel for the petitioner.

In view of the aforesaid submissions, the present petition is disposed of while directing the petitioner to file an appropriate application praying to decide his representation dated 26^th November, 2024 before the competent authority/respondents along with a copy of this order within one week and on receipt of the said application, the competent authority/respondents are directed to decide the representation of the petitioner expeditiously i.e. preferably within 8 weeks’ time in accordance with law and the decision thereof to be communicated to the petitioner within 2 weeks thereafter in writing.

CHANDRA DHARI SINGH, J

MANOJ JAIN, J

JANUARY 14, 2025 Rt/mk

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This is a digitally signed order.

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 24/01/2025 at 14:56:03