Delhi High Court - Orders
Rajender Singh Dabas vs Govt. Of Nct Of Delhi & Ors on 25 February, 2022
Author: Yashwant Varma
Bench: Yashwant Varma
$~7
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(C) 13404/2021
RAJENDER SINGH DABAS ..... Petitioner
Through: Mr. V.P. Rana, Adv.
versus
GOVT. OF NCT OF DELHI & ORS. ..... Respondents
Through: Mr. Anjum Javed, ASC (C), GNCTD.
CORAM:
HON'BLE MR. JUSTICE YASHWANT VARMA
ORDER
% 25.02.2022 The sole relief claimed in the writ petition is for respondent Nos. 3 and 4 being required to implement the order of 20 August 2014 passed by respondent No. 2 in an appeal which was preferred by the petitioner here. It becomes pertinent to note that the appeal so preferred had assailed an order of 18 July 2008 pursuant to which orders of mutation came to be passed in favour of the respondent in that appeal. It is important to note that the said respondent has not been arrayed as a party in the present proceedings. Mr. Rana, learned counsel for the petitioner, however, submits that the order which was ultimately passed in favour of the petitioner on that appeal has attained finality. In view of the aforesaid, it was submitted that no cause exists for the respondent to not consider the prayer for mutation as made.
The Court notes that despite the order having been passed by the Deputy Commissioner on 20 August 2014, the prayer of the petitioner for mutation has not been attended to and disposed of. The respondents have Signature Not Verified Digitally Signed By:NEHA Signing Date:28.02.2022 11:42:46 also not proffered any plausible reason for the application for mutation not being liable to be considered on its merits. Bearing in the mind the nature of reliefs which are sought, this Court is of the considered view that no useful purpose would be served in continuing the writ petition on the board of this Court and that the ends of justice would warrant the same being disposed of leaving it open to the competent authority to duly examine the prayer for mutation as made by the petitioner here bearing in mind the order of the Deputy Commissioner of 20 August 2014 and to pass such further orders as may be warranted in the facts and circumstances of the case.
Accordingly, the writ petition shall stand disposed of with a direction to the competent authority to duly attend to the prayer for mutation as made by the petitioner here. The aforesaid exercise shall be taken by the competent authority bearing in mind the order of 20 August 2014 as passed by the Deputy Commissioner and subject to there being no other legal impediment in the recognition of the right of the petitioner to seek mutation. Though needless to state it is further observed that the competent authority shall proceed in the matter with due notice to all concerned parties.
YASHWANT VARMA, J.
FEBRUARY 25, 2022 SU Signature Not Verified Digitally Signed By:NEHA Signing Date:28.02.2022 11:42:46