National Heritage Protection Council v. Lt Governor Of Delhi And ORS

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* IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) No.1100/2016 & CM No.4824/2016 (for stay). NATIONAL HERITAGE PROTECTION COUNCIL ..... Petitioner Through:

Mr. Rajeev Saxena and Ms. Mehak Tanwar, Advs.

Versus

LT GOVERNOR OF DELHI AND ORS ..... Respondents Through:

Mr. H.S. Phoolka, Sr. Adv. with Mr.

Wasim S. Quadri, Mr. Anuj Aggarwal and Ms. Shilpa Dewan, Advs. for GNCTD.

Mr. Akshay Makhija, CGSC with Ms.

Mahima Bahl, Adv. for UOI.

CORAM:

HON'BLE MR. JUSTICE RAJIV SAHAI ENDLAW

O R D E R

% 10.02.2016 1.

This order is in continuation of the earlier orders dated 8th February, 2016 and 9th February, 2016.

2.

The senior counsel for the respondent no.2 Government of National Capital Territory of Delhi (GNCTD) points out that the application by Ms. Rana Parween Siddiqui in W.P.(C) No.10047/2015 titled Delhi Wakf Board Vs. Union of India was listed today and order has been passed by the Bench of Justice Manmohan to the effect that the vacancy in Delhi Wakf Board of the muslim member of the State Bar Council shall not be filled up till the next date of hearing. He thus contends that this petition need not be entertained.

3.

In this context the contention of the counsel for the respondent no.2 GNCTD on the very first date, of this petition being in the nature of a Public W.P.(C) No.1100/2016

Interest Litigation (PIL) and being not entertainable by this Bench may also be taken note of.

4.

I am of the view that once the affected party is itself before this Court, there is no cause of action for the petitioner to agitate the same issue. 5.

The counsel for the petitioner however states that another prayer was intended to be made in the petition which accidently got missed out. 6.

Be that as it may, in the petition as filed the only relief claimed is found to be without cause of action as aforesaid. Dismissed.

No costs.

RAJIV SAHAI ENDLAW, J.

FEBRUARY 10, 2016 'pp'..

W.P.(C) No.1100/2016