Sh. Rajesh Singh v. Shehzad Alam Special Commissioner Department Of Transport & ANR.

$~61 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CONT.CAS(C) 49/2024 & CM APPL. 1969/2024 SH. RAJESH SINGH ..... Petitioner Through:

Mr. Dhruv Gautam, Adv.

M: 9999818999 Email: dhruv@dhruvgautam.in versus SHEHZAD ALAM SPECIAL COMMISSIONER DEPARTMENT OF TRANSPORT & ANR.

..... Respondents Through:

Mr. Karan Bhardwaj, ASG, GNCTD with Mr. Rajat Gaba & Mr. Shubham Singh, Advs. M: 9818488194

CORAM:

HON'BLE MS. JUSTICE MINI PUSHKARNA % 11.01.2024

O R D E R

1.

The present contempt petition has been filed for initiating contempt proceedings against the respondents for not complying with the order dated 25th April, 2023 passed by the court of learned Metropolitan Magistrate ("MM")-06, North District, Rohini Courts, Delhi in Challan No. DL6691230424235711.

2.

It is the case of the petitioner that the respondents are deliberately and willfully violating the directions passed by the learned MM-06, North th District, Rohini Courts, Delhi vide its Final Order dated 25 April, 2023 in Challan No. DL6691230424235711.

3.

It is submitted that despite having valid registration at the time of The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

seizure, valid Pollution Under Control Certificate ("PUC") and a valid National Permit for transportation of materials and goods, the petitioner's vehicle was illegally and arbitrarily seized by the officials of Transport Department, Government of National Capital Territory ("NCT") of Delhi. Thus, the present contempt petition has been filed. 4.

On the other hand, learned counsel appearing for the respondents on advance notice submits that the respondent no.2 ought to be deleted from the array of parties, as he has no role in the matter. 5.

Learned counsel appearing for the petitioner submits that he has no objection if respondent no.2 is deleted from the array of parties. In view thereof, upon oral request of learned counsel for the petitioner, respondent no.2 is deleted from the array of parties.

6.

Let amended memo of parties be filed within a period of one week from today.

7.

Learned counsel appearing for respondents has handed over a copy of order dated 04th January, 2024 passed in Crl.REV.P.-04/2024. He submits that the order dated 25th April, 2023 for compliance of which, the present contempt petition has been filed, has not attained finality since the respondent has already filed a Criminal Revision Petition against the said order, as aforesaid.

th 8.

He further draws the attention of this court to the order dated 25 April, 2023, wherein, the order was passed in favour of applicant namely, Shri Satyanarayan son of Ganpat. Whereas, the present petition has been filed on behalf of one Shri Rajesh Singh.

9.

Learned Counsel appearing for the petitioner submits that Mr. Rajesh Singh is the owner of the vehicle, while Mr. Satyanarayan is the driver of The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

the petitioner.

10.

In view of the fact that a Criminal Revision Petition, being Crl.REV.P.-04/2024 has already been filed by respondent against the order dated 25th April, 2023 passed by learned MM-06, North District, Rohini Courts, Delhi, by way of Crl.REV.P.-04/2024, it is manifest that the order dated 25th April, 2023 has not attained finality.

11.

In view thereof, the present contempt petition is disposed of. 12.

However, liberty is granted to the petitioner to revive the contempt petition in case any grievance still survives. MINI PUSHKARNA, J JANUARY 11, 2024/kr The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.