Sh Yogendra Pal & Ors. v. Municipal Corporation of Delhi through Commissioner

Delhi High Court · 25 Aug 2023 · 2023:DHC:6298-DB
V. Kameswar Rao; Anoop Kumar Mendiratta
W.P.(C) 11289/2023
2023:DHC:6298-DB
administrative petition_dismissed

AI Summary

The Delhi High Court dismissed the writ petition challenging CAT orders that directed the petitioners to make representations to the respondent, which the respondent was ordered to dispose of within a stipulated time.

Full Text
Translation output
W.P.(C) 11289/2023
HIGH COURT OF DELHI
Date of Decision: August 25, 2023
W.P.(C) 11289/2023
SH YOGENDRA PAL & ORS. ..... Petitioners
Through: Ms. Pragnya Routray, Advocate.
VERSUS
MUNICIPAL CORPORATION OF DELHI THROUGH COMMISSIONER ..... Respondent
Through: Ms. Sriparna Chatterjee, Standing Counsel, MCD.
CORAM:
HON'BLE MR. JUSTICE V. KAMESWAR RAO
HON'BLE MR. JUSTICE ANOOP KUMAR MENDIRATTA V. KAMESWAR RAO (Oral)
CM APPL. 43908/2023
Exemption allowed, subject to all just exceptions.
Application stands disposed of.
JUDGMENT

1. The challenge in this writ petition is to the orders dated May 26, 2022 and May 03, 2023 in O.A. 3718/2015 and in M.A. 1568/2023.

2. In the O.A., the Tribunal in paragraph 9, has stated as under:-

“9. In view of the aforesaid, without going into the merits of the case, and with the consent of learned counsels for the parties, the present OA is disposed of with liberty to the applicants to make an individual comprehensive representation before the respondent raising all their grievances, as raised in
the present OA, within two weeks from today and, if such representations are received from the applicants within the time stipulated hereinabove, the respondent shall consider and dispose of the same by passing an appropriate reasoned and speaking order as expeditiously as possible and preferably within ten weeks of receipt of such representations.”

3. Similarly, in the order dated May 03, 2023, the Tribunal has held that the M.A. is not maintainable under the provisions of the CAT (Procedure) Rules, 1987.

4. Be that as it may, since the order of the Tribunal in the O.A. was for disposal of the representation, we deem it appropriate to dispose of this O.A. also, without interfering with the impugned order of the Tribunal dated May 26, 2022.

5. Ms. Pragnya Routray states, on July 06, 2022, the petitioners have made a representation to the respondents. She states, the said representation has not been placed on record. She has given a copy of the representation dated July 06, 2022 to Ms. Chatterjee, who states that she shall forward the same to the respondents to enable them to dispose of the representation in terms of the impugned order passed by the Tribunal within eight weeks from today.

6. Taking on submissions of Ms. Chatterjee on record, the writ petition is disposed of.

V. KAMESWAR RAO, J.

ANOOP KUMAR MENDIRATTA, J. August 25, 2023