Delhi Society For Prevention Of Cruelty To Animals Dspca v. Sh Diwan Singh And ORS

$~30 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ LPA 140/2024 & CM APPL. 10283/2024 -Int. relief., CM APPL. 10284/2024 -Ex.

DELHI SOCIETY FOR PREVENTION OF CRUELTY TO ANIMALS DSPCA ..... Appellant Through:

Ms.Avnish Ahlawat, S.C.

with Mr.Nitesh Kumar Singh, Ms.Laavanya Kaushik, Ms.Aliza Alam, Mr.Mohnish Sehrawat, Advs.

versus SH DIWAN SINGH AND ORS ..... Respondent Through:

Ms.Meghna De with Ms.L.Gangmei, Advs for R-1-6.

CORAM:

HON'BLE MS. JUSTICE REKHA PALLI HON'BLE MR. JUSTICE RAJNISH BHATNAGAR

O R D E R

% 20.02.2024

1. The present appeal under Clause X of Letters Patent seeks to assail the order dated 24.01.2024 passed by the learned Single Judge in W.P.(C)494/2024.

2. At the outset, learned counsel for the appellant submits that vide the impugned order, the writ petition has been decided along with a batch of petitions pertaining to 'Civil Defence Volunteers Service, even though the same was not connected with the said batch of petitions.

3. Learned counsel for the respondents, who appears on advance notice, does not deny that W.P.(C)494/2024 does not pertain to 'Civil Defence Volunteers Service' and was not, therefore, connected with the batch of writ petitions.

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 22/02/2024 at 12:47:11

4. In the light of the aforesaid, we are of the view that the appellant should first approach the learned Single Judge by way of a review petition.

5. At this stage, learned counsel for the appellant seeks leave to withdraw the appeal with liberty to file a review petition.

6. The appeal along with pending applications is, accordingly, disposed of as not pressed with liberty to the appellant to file a review petition.

7. It is directed that, in case, a review petition is filed within ten days from today, the same will be considered on merits and not rejected on the ground of delay. It is however made clear that this Court has not expressed any opinion on the merits of the matter. REKHA PALLI, J RAJNISH BHATNAGAR, J FEBRUARY 20, 2024 sr 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 22/02/2024 at 12:47:11