Deepak Kumar v. The State Gnct Of Delhi & ORS.

$~44 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 8133/2024 & CM APPL. 33421/2024 (For maintainability of Writ Petition) DEEPAK KUMAR ..... Petitioner Through:

Mr. Krishan Kumar and Mr. Shivam Bedi, Advocates.

versus THE STATE GNCT OF DELHI & ORS ..... Respondents Through:

Ms. Choudhary, Advocate (through VC)..

CORAM:

HON'BLE MR. JUSTICE TUSHAR RAO GEDELA

O R D E R

% 29.05.2024 (The proceeding has been conducted through Hybrid Mode) CM APPL. 33420/2024 (Exemption) 1.

Exemption is allowed subject to all just exceptions. 2.

Application is disposed of.

W.P.(C) 8133/2024 & CM APPL. 33421/2024 3.

This is a writ petition under Article 226 of the Constitution of India, inter-alia, seeking following reliefs: "(a) pass appropriate Writ(s)/Order(s) or Direction(s) in the nature of a mandamus thereby direct the respondents to decide and dispose appeal filed by the petitioner on 23.03.2023 before the respondent No.3 expeditiously after giving opportunity of hearing to the petitioner."

4.

Learned counsel appearing for the petitioner submits that despite the statutory appeal having been filed by the petitioner on 23.03.2023 before the respondent no.3, the same is still pending and 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 03/06/2024 at 11:47:28

not disposed of as yet. He prays that a direction be given to respondent no.3 to dispose of the said appeal in a time bound manner. 5.

Issue notice.

6.

Notice is accepted by Ms. Choudhary, learned counsel appearing for respondent nos.1 to 3.

7.

In view of the aforesaid submissions and the innocuous prayer made by the petitioner, this Court deems it fit to direct the respondent no.3 to dispose of the appeal filed by the petitioner on 23.03.2023 expeditiously, however, not later than six weeks from today. 8.

The respondent no.3 shall afford an opportunity of personal hearing to the petitioner. The date, time and venue for such hearing shall be communicated well in advance to the petitioner by respondent no.3. The petitioner would be entitled to also furnish additional documents, in support of his appeal, if so required. 9.

The respondent no.3 shall consider the appeal and dispose of the same in accordance with law. Needless to state that the respondent no.3 shall pass a reasoned and speaking order. The said order shall be communicated to the petitioner within one week from the date of such decision.

10.

The petitioner would be entitled to challenge the said order, should the need arise, in accordance with law. 11.

The petition is disposed of with the above directions. TUSHAR RAO GEDELA, J MAY 29, 2024 kct 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 03/06/2024 at 11:47:28