Gulvir Singh & ANR. v. Govt Of NCT Of Delhi & ORS

$~19 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 2260/2025 GULVIR SINGH & ANR.

.....Petitioners Through:

Mr. Dharmendra Singh Baghel and Mr.

Sushant Dogra, Advocates.

versus GOVT OF NCT OF DELHI & ORS .....Respondents Through:

Mr. Dinesh Malik, Panel Counsel, for R-1/GNCTD.

Mrs. Avnish Ahlawat, SC for APMC alongwith Mr. Amitoj Chadha, Mr.

Nitesh Kumar Singh, Ms. Laavanya Kaushik and Mr. Mohnish Sehrawat, Advocates.

CORAM:

HON'BLE MR. JUSTICE SACHIN DATTA % 21.02.2025

O R D E R

CM APPL.10689/2025 (Exemption) 1.

Allowed, subject to all just exceptions.

2.

Application stands disposed of.

W.P.(C) 2260/2025 3.

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".

4.

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 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

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.

5.

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. 6.

The aforesaid prayer is not opposed by the learned counsel for the respondent no.2/APMC i.e. the concerned Dispute Sub-Committee. 7.

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. 8.

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. SACHIN DATTA, J FEBRUARY 21, 2025/at 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