Anoop Singh v. Union of India & Ors.

Delhi High Court · 22 Jul 2025 · 2025:DHC:5945-DB
C. Hari Shankar; Om Prakash Shukla
W.P.(C) 8302/2025
2025:DHC:5945-DB
constitutional petition_dismissed

AI Summary

The Delhi High Court allowed the petitioner to withdraw a writ petition challenging a memorandum of understanding, holding that certain reliefs sought were not maintainable under Article 226 and granted liberty to file a proper petition.

Full Text
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W.P.(C) 8302/2025
HIGH COURT OF DELHI
W.P.(C) 8302/2025
ANOOP SINGH .....Petitioner
Through: Mr. Abhay Kumar Bhargava, Adv.
VERSUS
UNION OF INDIA & ORS. .....Respondent
Through: Ms. Avshreya Pratap Singh Rudy, Sr. PC
WITH
Mr. Hussain Taqvi and
Ms. Usha Jamwal, Advs. for UOI Mr. Akshit Kapur, AOR for R-5
CORAM:
HON'BLE MR. JUSTICE C. HARI SHANKAR
HON'BLE MR. JUSTICE OM PRAKASH SHUKLA
ORDER (ORAL)
22.07.2025 C. HARI SHANKAR, J.
JUDGMENT

1. We have pointed out to Mr. Bhargava, learned Counsel for the petitioner that prayer (ii) in this petition may not be amenable to adjudication in a proceeding under Article 226 of the Constitution of India.

2. Ms. Rudy, who appears for the respondents points out that the petitioner had earlier approached this Court in WP (C) 1940/2025[1], seeking to make out a case on the basis of the memorandum of understanding between the BSF and the SBI. On 24 February 2025, a Coordinate Bench of this Court had granted time to the petitioner to Anoop Singh v UOI & Ors. W.P.(C) 8302/2025 make submissions on the entitlement of the petitioner to the Golden Jubilee Seema Prahari Kalyan Kavach, under the scheme and memorandum of understanding. On the next date of hearing, i.e., 11 March 2025, the petitioner merely withdrew the writ petition without prejudice to his rights and contentions.

3. Now the petitioner has reinstituted the same cause before this Court, challenging the provision of the memorandum of understanding.

4. On our pointing out to Mr. Bhargava that the prayer (ii) in this writ petition may not be amenable to adjudication under Article 226, he seeks leave to withdraw the petition submitting that he would institute a proper petition which would be maintainable before this Court.

5. Leave and liberty is granted as aforesaid, the petition is disposed of as withdrawn.

C. HARI SHANKAR, J.

OM PRAKASH SHUKLA, J. JULY 22, 2025