Aroh Foundation v. Union Of India

$~56 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 5901/2024, CM APPL. 24336/2024 AROH FOUNDATION ..... Petitioner Through:

Mr. Kamal Sawhney, Mr. Arun Bhadauria and Mr. Puru Medhira, Advocates.

versus UNION OF INDIA ..... Respondent Through:

Mr. Arnav Kumar, CGSC with Mr.

Chetanya Kapoor, Mr. Aranya Sahay and Mr. Rahul Kumar Sharma, GP.

CORAM:

HON'BLE MR. JUSTICE SUBRAMONIUM PRASAD

O R D E R

% 26.04.2024 1.

The Petitioner has approached this Court challenging an Order dated 01.03.2024, passed by the Respondent herein, refusing to renew the Registration of the Petitioner under the Foreign Contribution (Regulation) Act, 1976 (FCRA).

2.

Learned Counsel for the Respondent raises a preliminary objection stating that there is an alternate remedy available to the Petitioner under Section 32 of the FCRA by filing a revision petition before the Government. Learned Counsel for the Respondent places reliance on the Order dated 23.02.2023, passed by a coordinate Bench of this Court in W.P.(C) 13730/2022, titled as Lok Jagriti Kendra v. Union Of India to buttress his argument.

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 30/04/2024 at 12:27:00

3.

Learned Counsel for the Petitioner states that the impugned Order has been passed without affording any hearing to the Petitioner, which is contrary to the principles of natural justice. He further states that the infraction is a minor infraction which is compoundable under law. 4.

In view of the fact that there is an alternate efficacious remedy available to the Petitioner, this Court suggested learned Counsel for the Petitioner to avail of the same by filing a revision petition to the Government.

5.

Learned Counsel for the Petitioner accepts the suggestion of this Court and seeks permission to withdraw the present Writ Petition with liberty to file a revision petition to the Government under Section 32 of the FCRA.

6.

Leave and liberty, as sought for, is granted. 7.

It is made clear that this Court has not made any observations on the merits of the case.

8.

If and when and as and when the Petitioner approaches the Revisional Authority, the Revisional Authority is requested to decide the case of the Petitioner in accordance with law as expeditiously as possible, preferably within four weeks from the date of receipt of the revision petition. 9.

The Writ Petition is disposed of as withdrawn along with the pending applications, if any.

SUBRAMONIUM PRASAD, J APRIL 26, 2024 Rahul 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 30/04/2024 at 12:27:00