Shri Suraj Prakash Alwadhi v. State of (NCT of Delhi) & Ors.

Delhi High Court · 08 Jan 2021 · 2021:DHC:79-DB
D. N. Patel; Jyoti Singh
LPA 9/2021
2021:DHC:79-DB
civil appeal_dismissed

AI Summary

The Delhi High Court dismissed the appeal against refusal of early hearing of a writ petition, holding that no sufficient grounds for urgency were shown and the matter would be heard on the fixed date.

Full Text
Translation output
LPA 9/2021
HIGH COURT OF DELHI
Date of Decision: 8th January, 2021
LPA 9/2021
SHRI SURAJ PRAKASH ALWADHI .....Appellant
Through: Ms. Manjula Gandhi, Mr. Shobhit Sharma and Mr. Anmol Vashisht, Advocates.
VERSUS
STATE OF (NCT OF DELHI) & ORS. .....Respondents
Through: Mr. Jamal Akhtar, Panel Counsel for GNCTD for R-1&R-3.
Mr. M. A. Niyazi and Ms. Anamika Niyazi, Advocates for R-4.
Ms. Mansi Gupta, Standing Counsel for North MCD.
CORAM:
HON'BLE THE CHIEF JUSTICE
HON'BLE MS. JUSTICE JYOTI SINGH
JUDGMENT
: D. N. PATEL, Chief Justice (Oral)
Proceedings in the matter have been conducted through video conferencing.
CM APPL. 682/2021 (exemption)
Allowed, subject to all just exceptions.
The application is disposed of.

1. The appellant (original petitioner) has preferred the present appeal 2021:DHC:79-DB being aggrieved by an order dated 03.11.2020 in W.P.(C) 5482/2020 (Annexure-1 to the memo of this appeal).

2. Having heard the learned counsel for the parties and looking to the facts and circumstances of the case, it is evident that C.M. Application No.27760/2020 was preferred by the appellant (original petitioner) for fixing an early date of hearing of W.P.(C) 5482/2020.

3. Learned Single Judge was pleased to pass the following order in W.P.(C) 5482/2020 on 03.11.2020: “

1. Allowed subject to all just exceptions. The application stands disposed-off. CM APPL. 27761/2020 (Exemption)

2. No grounds for early hearing are made out. The application is accordingly dismissed. CM APPL. 27760/2020 (early hearing)

3. List on 16.03.2021, the date already fixed. W.P.(C) 5482/2020

4. The order be uploaded on the website forthwith.”

4. In view of the aforesaid order passed by the learned Single Judge, no rights and liabilities of the parties have been decided by the learned Single Judge. Hence, we see no reason to interfere with the impugned order whereby an application for early hearing has been dismissed. This is moreso as the hearing of the writ petition being W.P.(C) 5482/2020 is now fixed for 16.03.2021. The appellant herein can ventilate all his grievances, including the alleged illegal locking of the iron-gate in the concerned colony located in Road No.27, East Punjabi Bagh before the learned Single Judge on 16.03.2021.

5. In these circumstances, we see no reason to entertain the present appeal and the same is accordingly dismissed.

CHIEF JUSTICE JYOTI SINGH, J JANUARY 8, 2021 sr