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High Court of DelhiW.P.(C)/201/2018

Arun Kumar Roy v. Union Of India And ORS.

2018-01-09Hon'Ble Mr. Justice Chander Shekhar2 pages

$~2 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 201/2018 ARUN KUMAR ROY ..... Petitioner Through:

Mr.

R.K.

Bali and Mr.

G.S.

Randhawa, Advocates.

versus UNION OF INDIA AND ORS.

..... Respondents Through:

Mr. Akshay Makhija, CGSC with Ms.Seerat Deep Singh, Advocate for R-1.

Mr. Abhinav Agnihotri, Advocate for R-2.

Ms. Anjana Gosain, Ms. Shalini Nair and Ms. Rabiya Thakur, Advocates for R-3.

Mr. Rajesh Kumar, Advocate for R-4 and R-5.

CORAM:

HON'BLE MR. JUSTICE SURESH KUMAR KAIT

O R D E R

% 13.11.2018 Amended petition stated to be filed, the same is not on record. Let the petitioner pursue with to the Registry and get the same placed on record. Counsel appearing on behalf of the respondents submit that they have not received the copy of same. The petitioner is directed to supply the complete set of amended petition to the counsel for the respondents during the course of day.

Vide order dated 09.01.2018, the present petition was disposed of directing the respondents - RPFC to give a speaking response to petitioner's

letter dated 07.06.2017 within a period of six weeks from said date, if not already replied. It was further directed that the response to aforesaid letter of 7th June, 2017 be positively conveyed to the petitioner within a week thereafter, so that petitioner may avail of the remedies as available in law within a week. Thereafter, on 28.05.2018 RPFC passed an order and the petitioner challenge the same by amending the writ Petition pursuant to vide order dated 20.07.2018 in CM No. 28396/2018.

Learned counsel appearing on behalf of the petitioner submits that in amended petition he has raised all the issues raised in the present petition and the order dated 28.05.2018 as well, therefore, while adjudicating the issue raised by the petitioner in the amended petition is sufficient and no need to consider the present petition. He further submits, if the amended petition be considered as a fresh petition, no prejudice would be caused to the respondents.

In view of the submissions made by the counsel for the petitioner, I hereby, dismissed the present petition by directing the Registry to give a fresh number to the amended petition. Respondents are directed to file the response to the petition within six weeks.

Rejoinder, thereto, if any, be filed within four weeks thereafter. Renotify on 05.02.2019.

SURESH KUMAR KAIT, J NOVEMBER 13, 2018 rd