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High Court of DelhiW.P.(C)/3913/2015

Bhairab Bonia & ORS v. Union Of India & ORS.

2018-09-18Hon'Ble Mr. Justice Vibhu Bakhru2 pages

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IN THE HIGH COURT OF DELHI AT NEW DELHI

+ W.P.(C) 3913/2015 & CM No.6985/2015 BHAIRAB BONIA & ORS ..... Petitioners Through None.

versus UNION OF INDIA & ORS.

..... Respondents Through Mr Abhishek Parmar, Advocate for R3.

Mr Anuj Aggarwal, ASC with Ms Sakshi Kalia, Advocate for R4.

Mr Anurag Ahluwalia, CGSC with Mr Abhigyan Siddhant, Ms Anjana, Ministry of Culture for R1 to R5.

CORAM:

HON'BLE MR. JUSTICE VIBHU BAKHRU

O R D E R

% 18.09.2018 1.

None appears for the petitioners.

2.

None appeared on behalf of the petitioners on the previous hearing - held on 22.03.2018 - as well.

3.

Mr Anurag Ahluwalia, learned counsel appearing for the Central Government submits that the principal issue raised in the present petition is covered by a decision of the Division Bench of this Court in K.K. Choudhary v. Union of India & Ors: W.P. (C) 627/2016 decided on 25.01.2016.

4.

The petitioners impugns an order dated 01.04.2015 passed by the Central Government (respondent no.1), whereby the management of the Lalit Kala Akademi (LKA) was taken over by the Central Government. The petitioners contends that the management of LKA was taken over in terms of the Lalit Kala Akademi (Taking Over of Management) Act, 1997, which

was for a limited period. However, during the said period, the Administrator appointed by the Central Government amended the Memorandum of Association of LKA, which enable the Central Government to take over management of LKA from time to time. The petitioners contends that the same is illegal and the Administrator could not change the basic structure of LKA purportedly in exercise of managing the same. 5.

A plain reading of the decision of the Division Bench in K.K. Chakravarty v. Union of India and Ors. (supra) indicates that the aforesaid contentions were rejected by the Division Bench of this Court. The said controversy is no longer res integra.

6.

Accordingly, the petition is dismissed for non-prosecution as well as on merits. The pending application is also disposed of. VIBHU BAKHRU, J SEPTEMBER 18, 2018 pkv