Disposed¶21

Gulvir Singh & Anr. v. Govt of NCT of Delhi & Ors.

Delhi HC21 Feb 2025W.P.(C)/2260/2025

Case brief

AI extract

What is this about?

Gulvir Singh; Govt of NCT of Delhi; APMC Azadpur; Dispute Sub-Committee; Agricultural Produce Marketing Committee; natural justice; testimony of witness without affidavit; no opportunity to cross-examine witness; witness Mr. Farookh; Rs. 18,00,000 alleged payment; remand for fresh consideration; Mukesh & Gulvir Singh v. M/s Bhag Sons; Case No. 366; W.P.(C) 2260/2025; Justice Sachin Datta; impugned order dated 12.04.2024; petition disposed with remand direction.

What did the court decide?

Petition disposed of with a direction remanding the matter to the Dispute Sub-Committee of APMC for reconsideration after hearing the petitioner and affording an opportunity to cross-examine the concerned witness (Mr. Farookh). ¶21

Gulvir Singh & Anr. Vs Govt of NCT of Delhi & Ors. — Delhi HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

¶21

Issue for consideration

Whether the order dated 12.04.2024 of the Dispute Sub-Committee of APMC Azadpur, which purportedly accepted the testimony of a witness (Mr. Farookh) who had filed no affidavit and whom the petitioner was not given an opportunity to cross-examine, was passed in denial of the principles of natural justice. +1 more

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Ratio / Principle

The matter is remanded to the concerned Dispute Sub-Committee of APMC for a re-consideration of the matter.

¶21

Key takeaways

On remand, the petitioner is to be heard and afforded an opportunity to cross-examine the concerned witness.ratio¶21
The order shall not be construed as an expression of opinion of this Court as to the merits of the petitioner's version or of the impugned order passed by the concerned Sub-Committee.obiter¶22

Detailed headnote1 paragraphs

Delhi High Court (Hon'ble Mr. Justice Sachin Datta), Order dated 21.02.2025 in W.P.(C) 2260/2025, Gulvir Singh & Anr. v. Govt of NCT of Delhi & Ors.: The petitioners assailed an order dated 12.04.2024 passed by the Dispute Sub-Committee of the Agricultural Produce Marketing Committee (Market of National Importance), Azadpur (respondent No. 2) in Case No. 366, 'Mukesh & Gulvir Singh v. M/s Bhag Sons', which purportedly accepted the testimony of a witness (Mr. Farookh), in whose presence Rs. 18,00,000/- was allegedly paid to petitioner Gulvir Singh, although the witness had filed no affidavit and the petitioner was given no opportunity to cross-examine him — submitted to be in utter denial of the principles of natural justice. The prayer for remand was not opposed by respondent No. 2/APMC. The petition was disposed of with a direction that the matter be remanded to the Dispute Sub-Committee for reconsideration after hearing the petitioner and affording him an opportunity to cross-examine the witness; the Court expressly clarified that its order is not an expression of opinion on the merits.

¶1

$~19

¶2

IN THE HIGH COURT OF DELHI AT NEW DELHI

¶3

- W.P.(C) 2260/2025

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GULVIR SINGH & ANR. .....Petitioners Through: Mr. Dharmendra Singh Baghel and Mr. Sushant Dogra, Advocates.

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versus

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GOVT OF NCT OF DELHI & ORS .....Respondents Through: Mr. Dinesh Malik, Panel Counsel, for R-1/GNCTD.

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Mrs. Avnish Ahlawat, SC for APMC alongwith Mr. Amitoj Chadha, Mr. Nitesh Kumar Singh, Ms. Laavanya Kaushik and Mr. Mohnish Sehrawat, Advocates.

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CORAM: HON'BLE MR. JUSTICE SACHIN DATTA

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O R D E R

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% 21.02.2025

¶11

CM APPL.10689/2025 (Exemption)

¶12

Allowed, subject to all just exceptions.

¶13

Application stands disposed of.

¶14

W.P.(C) 2260/2025

¶15

The present petition has been filed by the petitioner assailing an order dated 12.04.2024 passed by the Dispute Sub-Committee of Agricultural Produce Marketing Committee (Market of National Importance) Azadpur i.e., respondent No. 2 in Case No. 366 titled as "Mukesh & Gulvir Singh v. M/s Bhag Sons".

¶16

The grievance of the petitioner is that the order dated 12.04.2024 has been passed by the said Sub-Committee in a manner which is not in consonance with law and in utter denial of principles of natural justice. It is

¶17

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 25/02/2025 at 12:49:03

¶18

submitted that the order purports to accept the testimony of a witness (Mr. Farookh), in whose presence a sum of Rs.18,00,000/- was allegedly paid to the petitioner (Mr. Gulvir Singh) herein.

¶19

Learned counsel for the petitioners submits that neither had the concerned witness filed an affidavit in support of his testimony nor the petitioner was given an opportunity to cross-examine the said witness. It is therefore submitted that the impugned order which seeks to reject the claim of the petitioner on the basis of the testimony of the aforesaid witness, is in utter denial of the principles of natural justice and has caused grave prejudice to the petitioners. He seeks that the matter be remanded to the concerned SubCommittee for fresh consideration and the petitioners be permitted to crossexamine the said witness.

¶20

The aforesaid prayer is not opposed by the learned counsel for the respondent no.2/APMC i.e. the concerned Dispute Sub-Committee.

¶21

Accordingly, the present petition is disposed of with a direction that the matter be remanded to the concerned Dispute Sub-Committee of APMC for a re-consideration of the matter after hearing the petitioner and after affording an opportunity to the petitioner to cross-examine the concerned witness.

¶22

It is made clear that this order shall not be construed as an expression of opinion of this Court as to the merits of the version of the petitioner or as to the impugned order passed by the concerned Sub-Committee.

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SACHIN DATTA, J

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FEBRUARY 21, 2025/ at

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This is a digitally signed order.

¶26

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 25/02/2025 at 12:49:03

Gulvir Singh & Anr. v. Govt of NCT of Delhi & Ors.

Case brief

What is this about?

What did the court decide?

Gulvir Singh & Anr. v. Govt of NCT of Delhi & Ors.

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Procedural history

Parties & counsel

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