Anil Kumar v. Financial Commissioner, Government Of Delhi And ORS.

$~41 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 11629/2019 ANIL KUMAR ..... Petitioner Through:

Petitioner in person.

versus FINANCIAL COMMISSIONER, GOVERNMENT OF DELHI AND ORS.

..... Respondents Through:

Mr.Sanjay Kumar Pathak and Mr.M.S. Akhtar, Advocate.

CORAM:

JUSTICE S.MURALIDHAR JUSTICE TALWANT SINGH

O R D E R

% 06.11.2019 CM APPL. 47809/2019 (exemption)

1. Allowed, subject to all just exceptions.

W.P.(C) 11629/2019 and CM APPL. 47808/2019(stay)

2. The Petitioner, who appears in person, has what appears to the Court a genuine grievance about the Case No. 50/2018, instituted before the Financial Commissioner (FC), getting adjourned on numerous occasions without deciding the basic point of maintainability of the petition itself.

3. The Petitioner is in particular aggrieved by an order dated 13th February, 2018 passed by the FC staying an order dated 1st May, 2013 passed by the W.P.(C) 11629/2019 Page 1 of 3

Assistant Registrar (West), nearly five years after the order was passed without examining the issue of maintainability and limitation. This interim order has continued over several subsequent hearings before the FC.

4. The Court has been taken through the order sheets of the case before the FC. The course that commends itself to the Court is that instead of interdicting the proceedings at this stage, the FC should be asked to complete the proceedings and pass the final order in Case No. 50/2018 in a time bound manner.

5. Accordingly, it is directed that the FC will pass final orders in Case No. 50/2018 not later than 31st December, 2019. Copies of the final order should be made available to the parties not later than one week thereafter. The Court requests the FC to strictly adhere to the above time limit. If there is any non-compliance with this direction, it will be open to the Petitioner to approach the Court for directions.

6. In view of the above direction, the date of 24th December, 2019 fixed by the FC is advanced by this Court to 18th November, 2019. It is made clear that since all the parties are present before this Court and have noted this order, none of them will seek an adjournment before the FC on the above date i.e. 18th November 2019. The parties and the Petitioner will extend their full cooperation to the FC to enable him to strictly adhere to the above time limit.

7. No observation in this order will be construed as an expression of a final W.P.(C) 11629/2019 Page 2 of 3

opinion by this Court on merits.

8. The petition is disposed of in the above terms and the pending application is also disposed of.

9. A copy of this order be delivered to the FC forthwith through a Special Messenger for compliance.

10. A copy of the order be given dasti under the signatures of the Court Master.

S. MURALIDHAR, J.

TALWANT SINGH, J.

NOVEMBER 06, 2019 pa W.P.(C) 11629/2019 Page 3 of 3