Delhi High Court - Orders
Church Of India vs The Methodist Church In India & Ors on 5 July, 2024
Author: Jyoti Singh
Bench: Jyoti Singh
$~45
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(C) 9014/2024
CHURCH OF INDIA .....Petitioner
Through: Mr. Sanchit Garga, Advocate
versus
THE METHODIST CHURCH IN INDIA & ORS. .....Respondents
Through: Mr. Sanjay Kumar Pathak, Standing
Counsel for R-2 and 3.
Mr. Tarun Johri, Mr. Ankur Gupta and Mr.
Vishwajeet Tyagi, Advocates for R-4.
CORAM:
HON'BLE MS. JUSTICE JYOTI SINGH
ORDER
% 05.07.2024 CM APPL. 36948/2024 (exemption)
1. Allowed, subject to all just exceptions.
2. Application stands disposed of.
W.P.(C) 9014/2024
3. This writ petition has been preferred on behalf of the Petitioner under Articles 226 and 227 of the Constitution of India read with Section 151 CPC seeking the following reliefs:-
"a) Issue a writ in the nature of mandamus or any other appropriate writ, order or direction to the Respondent No. 2 & 3 to initiate an enquiry, and a commission be set up for the purposes of locating the acquired land i.e Khasra number 294 (Municipal number 4) situated at Village Civil Station, Rajpur Road (Civil Lines), Delhi; and
b) Issue a writ in the nature of mandamus or any other appropriate writ, order or direction to the Respondent No. 2 to 4 to seek reimbursement of the compensation paid till date to "The Executive Board of Methodist Church in India" (MCI) i.e Respondent No. 1 along with interest; and W.P.(C) 9014/2024 Page 1 of 3 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 09/07/2024 at 03:19:45
c) Issue a writ in the nature of mandamus or any other appropriate writ, order or direction to the Respondent Nos. 2 and 3 to initiate criminal proceedings against the erring officials along with the people involved in the said fraud; and
d) Pass/make any other such other appropriate writs/orders/ directions as this Hon'ble Court may deem fit and proper in the facts and circumstances of the case."
4. Learned counsel for the Petitioner, at the outset, states that a representation has been made before the Competent Authority in May, 2024 raising several issues with respect to the land in question but the same is still pending and it would suffice at this stage to give a time bound direction to the Competent Authority to dispose of the said representation.
5. Issue notice.
6. Mr. Sanjay Kumar Pathak, learned Standing Counsel accepts notice on behalf of Respondents No.2 and 3.
7. Mr. Tarun Johri, learned counsel accepts notice on behalf of Respondent No.4.
8. In view of the limited relief sought by learned counsel for the Petitioner, during the course of hearing, present petition is disposed of with a direction to the Competent Authority, before which the representation of the Petitioner preferred in May, 2024 is pending, to dispose of the same within six weeks from today, after giving an opportunity of personal hearing to the Petitioner. Needless to state that the representation will be disposed of by a reasoned and speaking order, which shall be communicated to the Petitioner within a week from the date of the decision and Petitioner shall be at liberty to take recourse to legal remedies, in case of any surviving grievance.
W.P.(C) 9014/2024 Page 2 of 3This 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 09/07/2024 at 03:19:45
9. It is made clear that this Court has not expressed any opinion on the merits of the case and it is open to the Competent Authority to dispose of the representation, in accordance with law.
JYOTI SINGH, J JULY 5, 2024/kks/shivam W.P.(C) 9014/2024 Page 3 of 3 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 09/07/2024 at 03:19:46