Vinod Kumar Khurana v. High Court of Delhi

Delhi High Court · 16 Feb 2016 · 2016:DHC:8426-DB
Chief Justice; Jayant Nath
LPA 32/2016
2016:DHC:8426-DB
constitutional appeal_dismissed

AI Summary

The Delhi High Court held that a writ petition under Article 226 cannot be maintained solely to seek priority listing of another petition, and the proper remedy is to make a mention before the Bench where the petition is listed.

Full Text
Translation output
HIGH COURT OF DELHI
LPA 32/2016
VINOD KUMAR KHURANA Appellant
Through: Mr.Ravindra S.Garia,Adv.
VERSUS
HIGH COURT OF DELHI
Through: Mr.Rajshekhar Rao with Mr.Varun Mishra,Advs.
CORAM:
HON'BLE THE CHIEF JUSTICE
HON'BLE MR.JUSTICE JAYANT NATH
16.02.2016
ORDER

1. By the order under appeal, the learned Single Judge had dismissed W.P.(C) No.9908/2015 filed by the appellant seeking a direction regarding listing of W.P.(C)No.630/2012 which was filed by him in connection with the proceedings initiated by the University of Delhi for withholding/making recovery from his retiral benefits.

2. The grievance ofthe petitioner appears to be that priority has not been accorded to his petition under the category of'Senior Citizens'. The learned Single Judge held that the remedy ofthe petitioner is to make a mention before the Bench before which the petition is listed and that no writ petition under Article 226 ofthe Constitution ofIndia can be maintained.

3. On our inquiry with the Registry of the High Court, it is found that.W.P.(C)No.630/2012 is already being treated as'Senior Citizen' matter and is being listed before the roster Bench in the category of'Senior Citizens' every 2016:DHC:8426-DB c Thursday. We,therefore,do notfind anyjustifiablereason to interfere with the order under appeal.

4. Accordingly, the appeal is dismissed. However, it is open to the appellant/writ petitioner to move an appropriate application before the roster Bench for expediting the hearing ofhis petition.

CHIEF JUSTICE JAYANT NATH,J