Raj Kumar Raghav v. The District and Sessions Judge, Delhi and Ors.

Delhi High Court · 25 Oct 2024 · 2024:DHC:8337
Tara Vitasta Ganju
W.P.(C) 4985/2018
2024:DHC:8337
administrative appeal_allowed

AI Summary

The Delhi High Court recalled its earlier order, restored the writ petition, and allowed the petitioner to approach the Additional District Magistrate for adjudication while granting interim protection against coercive action.

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HIGH COURT OF DELHI
Date of Decision: 25.10.2024
CM APPL. 63398/2024 In
W.P.(C) 4985/2018
RAJ KUMAR RAGHAV .....Petitioner
Through: Mr. Chetan Wahi, Advocate
WITH
Petitioner in person.
VERSUS
THE DISTRICT AND SESSIONS JUDGE, DELHI AND ORS. .....Respondents
Through: Ms. Hetu Arora Sethi, ASC GNCTD
WITH
Mr. Arjun Basra, Advocate for
R-1 & 2 & Mr. Gaurav Sharma, JA Litigation Tis Hazari Court.
CORAM:
HON'BLE MS. JUSTICE TARA VITASTA GANJU TARA VITASTA GANJU, J. [ORAL]
CM APPL. 63398/2024 [Seeking recall of order dated 05.09.2023 and restoration of Writ Petition]
JUDGMENT

1. This is an Application filed on behalf of the Petitioner to recall the order dated 05.09.2023 and for restoration of the Writ Petition.

2. Issue Notice.

3. Given the order that the Court proposes to pass today, learned Counsel for the Respondents submits that they do not wish to file any Reply.

4. Accordingly, the Application is allowed and the Writ Petition is restored. W.P.(C) 4985/2018

5. Learned Counsel for Respondent Nos.[1] and 2 submits that the issue with relation to licenses for Kiosks in Tis Hazari Building Complex, Delhi has been referred to by the Respondent No.1 to the Office of Additional District Magistrate (Central) for adjudication. 5.[1] Learned Counsel for Respondent Nos.[1] and 2 submits that other similarly placed licensee holders of Kiosks are at present appearing before the Office of Additional District Magistrate (Central) for adjudication of their disputes.

6. In view of the submissions made, learned Counsel for the Petitioner, on instructions from the Petitioner who is present in Court today, seeks and is granted liberty to approach the Office of Additional District Magistrate (Central) for adjudication of the disputes.

7. In the meantime, let no coercive steps be taken against the Petitioner for the next four weeks by the Respondents.

8. The Petition is disposed of accordingly.

9. It is clarified that this order is being passed without prejudice to the rights and contentions of both the parties.