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Delhi High Court - Orders

The Christian Assembly Of Bihar, Rep. By ... vs Union Of India, Rep. By Its Secretary on 18 July, 2024

Author: Sanjeev Narula

Bench: Sanjeev Narula

                                    $~82
                                    *           IN THE HIGH COURT OF DELHI AT NEW DELHI
                                    +           W.P.(C) 9687/2024 & CM APPL. 39776/2024
                                                THE CHRISTIAN ASSEMBLY OF BIHAR, REP. BY ITS
                                                PRESIDENT AND CHIEF FUNCTIONARY                .....Petitioner
                                                              Through: Dr. P. George Giri, Ms. Jasmin
                                                                       Kurian Giri, Mr. Vikas Sharma, Mr.
                                                                       Ginesh P., Ms. Mary Scaria and Mr.
                                                                       Shaji Sebastian, Advocates.

                                                                                      versus

                                                UNION OF INDIA, REP. BY ITS SECRETARY        .....Respondent
                                                              Through: Mr. Vinay Yadav, SPC with Mr.
                                                                         Kalyan Babu Singh, GP for UOI.

                                                CORAM:
                                                HON'BLE MR. JUSTICE SANJEEV NARULA
                                                             ORDER

% 18.07.2024

1. The Petitioner has approached this Court challenging an order dated 30th January, 2024, passed by the Respondent, refusing to renew the Petitioner's registration under the Foreign Contribution (Regulation) Act, 19761. Dr. P. George Giri, counsel for the Petitioner, states that the impugned order has been passed without affording any hearing to Petitioner, which is contrary to the principles of natural justice. He further states that the infraction is a minor infraction which is compoundable under law.

2. At the outset, Mr. Vinay Yadav, Senior Panel Counsel for the Respondent, raises a preliminary objection stating that there is an alternate remedy available to Petitioner under Section 32 of the FCRA, whereunder This is a digitally signed order.

The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 23/07/2024 at 00:12:22 the Petitioner can file a revision petition before the Government. Mr. Yadav places reliance on order dated 23rd February, 2023,2 passed by a coordinate Bench of this Court, to buttress his argument.

3. In view of the fact that there is an alternate efficacious remedy available to Petitioner, Dr. Giri seeks permission to withdraw the present petition with liberty to file a revision petition to the Government under Section 32 of the FCRA.

4. In light of the above, leave and liberty, as sought, is granted.

5. As and when the Petitioner approaches the Revisional Authority, the Revisional Authority is requested to decide the case of Petitioner, in accordance with law, as expeditiously as possible, preferably within four weeks from the date of receipt of the revision petition.

6. It is made clear that this Court has not made any observations on the merits of the case.

7. With the above directions, the present petition is disposed of as withdrawn, along with pending application(s).

SANJEEV NARULA, J JULY 18, 2024 d.negi 1 "FCRA"

2

W.P.(C) 13730/2022, titled 'Lok Jagriti Kendra v. Union Of India' This is a digitally signed order.

The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 23/07/2024 at 00:12:22