Sahara Centre For Residential Care And Rehabilitation Through Its Authorised Representative v. Union Of India Through The Joint Secretary, Ministry Of Home Affairs Foreigners Division (Fcra Wing

$~85 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 15991/2024 & CM APPLs. 67168/2024, 67169/2024 SAHARA CENTRE FOR RESIDENTIAL CARE AND REHABILITATION THROUGH ITS AUTHORISED REPRESENTATIVE .....Petitioner Through:

Ms. Amritanshu Chakravorty, Mr.

Mihir Samson, Ms. Aswathi Menon and Mr.

Khush Aalam Singh, Advocates.

versus UNION OF INDIA THROUGH THE JOINT SECRETARY, MINISTRY OF HOME AFFAIRS FOREIGNERS DIVISION (FCRA WING) & ANR.

.....Respondents Through:

Mr. Ravi Prakash, CGSC with Ms.

Astu Khandelwal, Advocate and Mr.

Amit Acharya, G.P. for UOI.

Mr. Rajiv Kapur, SC with Ms. Riya Sood and Mr. Akshit Kapur, AOR for R-2.

CORAM:

HON'BLE MR. JUSTICE SANJEEV NARULA

O R D E R

% 19.11.2024 1.

Through the instant writ petition, the Petitioner assails the order/communication dated 30th March, 2024 passed by the Competent Authority, whereby the renewal application filed by the Petitioner under The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

Section 12(4)(b) of the Foreign Contribution (Regulation) Act, 20101, has been refused.

2.

At the outset it is noted that on this issue, this Court in Samuel Foundation Charitable India Trust v. Union of India2 has already noted that under the provisions of the FCRA, there exists an alternative remedy of either applying for revision of such an order under Section 32 of the FCRA or preferring an appeal against the same before the High Court under Section 31 of the FCRA.

3.

In this regard, it is noted that the Petitioner has already filed an application before Respondent No. 1 under Section 32(1) of the FCRA, seeking revision of the impugned order/communication, however no decision has been rendered thereon till date. 4.

Counsel for Respondent No. 1 states on instructions that a decision on the aforenoted revision application shall be rendered within a period of six weeks.

5.

However, considering the fact that the matter has been pending with Respondent No. 1 for a considerable time, it is directed that the revision application preferred by the Petitioner be decided within a period of four weeks from today.

6.

All rights and contentions of the parties are reserved. It is clarified that the Court has not examined the merits of the case. 7.

In case the decision of Respondent No. 1 is adverse to the Petitioner's interest, the Petitioner shall be at liberty to take recourse to statutory remedies as provided under the FCRA.

1 "FCRA"

2 W.P.(C) 9344/2024 dated 11th July, 2024 The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

8.

With the above directions, the present writ petition is disposed of along with pending applications.

SANJEEV NARULA, J NOVEMBER 19, 2024 as The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.