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High Court of DelhiW.P.(C)/8146/2017

Rajat Wadhwa v. Govt. Of NCT Delhi

2017-09-13Hon'Ble Mr. Justice Vibhu Bakhru2 pages

$~18 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ W.P.(C) 8146/2017 RAJAT WADHWA ..... Petitioner Through:

Mr. Kirti Uppal, Sr. Advocate with Mr. Ashish Batra, Advocate.

versus GOVT. OF NCT DELHI ..... Respondent Through:

Mr. Satyakam, ASC for GNCTD.

CORAM:

HON'BLE MR. JUSTICE VIBHU BAKHRU

O R D E R

% 13.09.2017 C.M. No.33496/2017 (for exemption) 1.

Exemption allowed, subject to all just exceptions. 2.

The application stands disposed of.

W.P.(C) No.8146/2017 & C.M. No.33495/2017 (for stay) 3.

Mr.

Satyakam, learned standing counsel for GNCTD/respondent states, on instructions, that the petitioner has an equally efficacious alternate remedy of approaching the Chief Controlling Revenue Authority under Section 45 (2) of the Indian Stamp Act, 1899.

4.

Mr. Uppal, learned senior counsel for the petitioner disputes the same. However, notwithstanding the controversy in this regard, he states that the present petition be treated as a representation by the Chief Controlling Revenue Authority and, he be called upon to pass a

speaking order. This Court is also of the view that that would be an appropriate course to follow.

5.

Accordingly, the Chief Controlling Revenue Authority (the Divisional Commissioner) is directed to examine the present writ petition as a representation and pass a speaking order after hearing the petitioner. The said order shall be passed within a period of six weeks from today. Needless to mention that if aggrieved, the petitioner would be at liberty to apply.

6.

The petition is disposed of with the aforesaid observations. 7.

Copy of the order be given dasti under signatures of the Court Master.

VIBHU BAKHRU, J.

SEPTEMBER 13, 2017 'AA'