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High Court of DelhiW.P.(C)/1838/2020

Dinu Bhakta v. Government Of NCT Of Delhi And ORS.

2024-08-22Hon'Ble Mr. Justice Sudhir Kumar Jain2 pages

$~20 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 1838/2020 DINU BHAKTA .....Petitioner Through:

Mr. Paul Kumar Kala and Mr. Clare T.S., Advocates versus GOVERNMENT OF NCT OF DELHI AND ORS. .....Respondents Through:

Mr. Tushar Sannu, Mr. Sahaj Karan Singh, Advocates for R-1 to 3 with Mr. Rakesh Kumar, Help Insp. And Mr. Manjeet Singh, MTS, SDM Patel Nagar

CORAM:

HON'BLE DR. JUSTICE SUDHIR KUMAR JAIN

O R D E R

% 22.08.2024 1.

The present petition is filed under Article 226 of the Constitution seeking issuance of direction to the respondents to issue the release certificate, interim relief compensation and other benefits to the petitioner being the bonded labourer. The petitioner has made the following prayers:-

1. For an order/direction in the nature of writ of mandamus or any other writ of similar nature directing the Respondent (SDM) to record the statement of the petitioner in accordance with the Bonded Labour System (Abolition) Act, 1976;

2. Issue a writ in the nature of mandamus directing the respondents 2 & 3 to issue release certificate to the petitioner.

3. Issue a writ in the nature of mandamus directing the respondents to take appropriate steps to issue interim relief to the 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 28/08/2024 at 12:34:59

petitioner in accordance with the provisions of Central Sector Scheme for Rehabilitation of Bonded Labour, 2016;

4. Issue a writ in the nature of mandamus directing the respondents to take appropriate steps to recover the earned wages of the Petitioner.

5. Pass any other order/direction in the interest of justice that this Hon'ble Court may deem fit and proper.

2.

Mr. Tushar Sannu, Advocate for the respondents no. 1 to 3 draws the attention of the Court towards the order bearing F.No./SDM(PN)/Bonded Labour/2020/4689 dated 03.06.2020 whereby it was held by the SubDivisional Magistrate, Patel Nagar, that the petitioner is not entitled for issuance of release certificate as no case of bonded labour is made out. 3.

The counsel for the petitioner, on instructions, seeks permission to withdraw the present petition with the liberty to challenge the order dated 03.06.2020 by initiating appropriate legal proceedings before the competent court.

4.

The liberty as prayed for is granted.

5.

Accordingly, the present petition along with pending applications, if any, stands dismissed as withdrawn.

DR. SUDHIR KUMAR JAIN, J AUGUST 22, 2024 N/AM 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 28/08/2024 at 12:34:59