Kavita and Ors. v. Govt of NCT of Delhi and Ors.

Delhi High Court · 06 Feb 2025 · 2025:DHC:875-DB
C. Hari Shankar; Ajay Digpaul
W.P.(C) 1398/2025
2025:DHC:875-DB
administrative petition_dismissed

AI Summary

The High Court dismissed the writ petition as not maintainable, directing the petitioners to seek remedy before the Administrative Tribunal under Section 19 of the Administrative Tribunal Act.

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W.P.(C) 1398/2025
HIGH COURT OF DELHI
W.P.(C) 1398/2025, CM APPLs. 6771/2025, 6772/2025 &
6773/2025 KAVITA AND ORS .....Petitioners
Through: Mr. Krishna Murari Singh, Adv.
VERSUS
GOVT OF NCT OF DELHI AND ORS. .....Respondents
Through: Ms. Avnish Ahlawat, Standing Counsel
WITH
Mr. Nitesh Kumar Singh, Ms. Laavanya Kaushik, Ms. Aliza Alam and
Mr. Mohnish Sehrawat, Advs. for R-1 to 3.
Mr. Ankur Chhibber, Mr. Yogesh Kumar Mahur and Mr. Harkesh, Advs.
CORAM:
HON'BLE MR. JUSTICE C. HARI SHANKAR
HON'BLE MR. JUSTICE AJAY DIGPAUL
ORDER (ORAL)
06.02.2025 C. HARI SHANKAR, J.
JUDGMENT

1. In view of the judgment of the Supreme Court in Rajeev Kumar v Hemraj Singh Chauhan[1], as well as the judgment of the High Court of Calcutta in Sujit Roy v State of West Bengal[2] and the High Court of Bombay in Bharat K. Dehade v Purushottam Das Sharma[3], this petition is not maintainable.

2. The remedy of the petitioner according to these decisions would be by means of fresh OA before the Tribunal.

3. Mr. Krishna Murari Singh, learned Counsel for the petitioners, seeks to withdraw this petition, submitting that he would avail his remedies under Section 19 of Administrative Tribunal Act.

4. Reserving leave and liberty as aforesaid, the petition is disposed of as withdrawn.

C. HARI SHANKAR, J.