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High Court of DelhiW.P.(C)/1376/2025

Rajesh Kumar v. Indian Council Of Agricultural Research And ORS

2025-02-04Hon'Ble Mr. Justice Prateek Jalan2 pages

$~67 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ W.P.(C) 1376/2025 & CM APPLs. 6727-6729/2025 RAJESH KUMAR .....Petitioner Through:

Mr. Rajeev Kumar Bansal, Mr.

Rajesh Sonthalia, Mr. Sunil Kumar Agarwal, Mrs. Amita Agarwal & Mr.

Dharmpal Saini, Advocates.

versus INDIAN COUNCIL OF AGRICULTURAL RESEARCH AND ORS .....Respondents Through:

None.

CORAM:

HON'BLE MR. JUSTICE PRATEEK JALAN

O R D E R

% 04.02.2025 1.

The grievance raised by the petitioner in this petition, under Article 226 of the Constitution, are admittedly amenable to the jurisdiction of the Central Administrative Tribunal ["CAT"] under the Administrative Tribunals Act, 1985.

2.

The judgment of the Supreme Court in L. Chandra Kumar v. Union of India and Others, [(1997) 3 SCC 261], interpreted inter alia in a recent Division Bench decision of this Court in Parikshit Grewal & Ors. vs. Union of India & Anr. [LPA 971/2024, decided on 27.09.2024], clearly holds that the writ Court ought not to adjudicate disputes at the first instance, if they fall within the jurisdiction of CAT. 3.

In view of the above, Mr. Rajeev Kumar Bansal, learned counsel W.P.(C) 1376/2025 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 10/02/2025 at 15:14:34

for the petitioner, seeks permission to withdraw the writ petition, with liberty to approach CAT.

4.

The writ petition, alongwith the pending applications, is dismissed as withdrawn, with liberty as aforesaid.

PRATEEK JALAN, J FEBRUARY 4, 2025 'pv/AD'/ W.P.(C) 1376/2025 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 10/02/2025 at 15:14:34