Delhi High Court - Orders
Sahitya Akademi vs District Magistrate on 23 January, 2023
Author: Satish Chandra Sharma
Bench: Chief Justice, Subramonium Prasad
$~35 & 36
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ LPA 433/2021
SAHITYA AKADEMI ..... Appellant
Through: Ms. Geeta Luthra, Senior Advocate
with Mr. Abhishek Aggarwal, Ms.
Kamakshi Gupta, Mr. Manas
Agrawal, Ms. Apoorva Maheswari,
Advocates
versus
DISTRICT MAGISTRATE ..... Respondent
Through: Mr. Ritin Rai, Senior Advocate with
Ms. Shreya Munoth, Ms. Kritika
Bhardwaj, Ms. Aditi Rao, Ms.
Sitamsini Cherukunalli, Advocates
for R-2
+ LPA 441/2022
A ..... Appellant
Through: Mr. Ashish Dixit, Advocate
versus
GOVERNMENT OF NCT OF DELHI THROUGH THE
STANDING COUNSEL (CIVIL) DELHI HIGH COURT & ORS.
..... Respondents
Through: Mr. Avishkar Singhvi, Mr. Vivek
Kumar, Mr. Naved Ahmed,
Advocates for R-1 & R-4
Mr. Ritin Rai, Senior Advocate with
Ms. Shreya Munoth, Ms. Kritika
Bhardwaj, Ms. Aditi Rao, Ms.
Signature Not Verified
Digitally Signed
By:SHAZAAD ZAKIR LPA 433/2021 & LPA 441/2022 Page 1 of 4
Signing Date:25.01.2023
17:12:16
Sitamsini Cherukunalli, Advocates
for R-2
Ms. Geeta Luthra, Senior Advocate
with Mr. Abhishek Aggarwal, Ms.
Kamakshi Gupta, Mr. Manas
Agrawal, Ms. Apoorva Maheswari,
Advocates for R-3
CORAM:
HON'BLE THE CHIEF JUSTICE
HON'BLE MR. JUSTICE SUBRAMONIUM PRASAD
ORDER
% 23.01.2023 LPA 441/2022 & CM APPLs. 32000/2022, 32001/2022
1. The present LPA arises out of the Judgment dated 25.10.2021 passed by the learned Single Judge in W.P.(C) 1103/2020.
2. Learned Counsel for the Appellant herein has drawn the attention of this Court towards the pleadings in W.P.(C) 1103/2020, wherein certain averments have been made against the Appellant. Further the Judgment passed by the learned Single Judge also contains certain observations in respect of the Appellant.
3. Learned Counsel for the Appellant submits that he was not impleaded in the array of parties as a Respondent in the writ petition. He states that in all fairness the Appellant should have been impleaded as one of the Respondents in the writ petition more so when there are serious allegations against him. He has prayed before this Court that the matter may be remanded back to the learned Single Judge to grant him an opportunity to appear before the learned Single Judge and the learned Single Judge may be requested to decide the writ petition afresh on the merits after granting an opportunity of a hearing to him.
Signature Not Verified Digitally Signed By:SHAZAAD ZAKIR LPA 433/2021 & LPA 441/2022 Page 2 of 4 Signing Date:25.01.2023 17:12:164. The learned Counsel for Respondent No.2, i.e. writ petitioner, fairly states that he does not object to the prayer made by the Appellant herein. However, the interim protection granted to the writ petitioner by the Apex Court may be continued till the matter is finally decided by the writ court and a request may also be made to the learned Single Judge to decide the matter at an early date.
5. In view of the above, the matter is being remanded back to the learned Single Judge as the Appellant was not heard at any point of time.
6. It is needless to mention that interim protection has been granted to the writ petitioner by the Apex Court vide Order dated 12.04.2022 passed in SLP(C) 20089/2021 wherein the Apex Court has directed that the payment to the writ petitioner will continue till the outcome/disposal of the case, subject to the final outcome of the decision of the Division Bench. The interim protection granted by the Apex Court will certainly continue till the case is decided by the learned Single Judge.
7. The parties will appear before the learned Single on 30.01.2023.
8. Learned Counsel for the Appellant is granted a week's time to file a reply to the writ petition, as he already has all the documents pertaining to the LPA in his possession. The learned Single Judge is requested to decide the writ petition at an early date as expeditiously as possible, especially, keeping in view the order passed by the Hon'ble Supreme Court on 12.04.2022 wherein the Apex Court has requested this Court to decide the case as expeditiously as possible.
9. The order of the learned Single Judge is set aside. The LPA is disposed of, along with the pending application(s), with the aforesaid observations.
Signature Not Verified Digitally Signed By:SHAZAAD ZAKIR LPA 433/2021 & LPA 441/2022 Page 3 of 4 Signing Date:25.01.2023 17:12:1610. It has also been brought to the notice of this Court that a civil suit is pending between the parties. It is made clear that the pendency of the civil suit will not come in way of the learned Single Judge in adjudicating the matter. It is further made clear that this Court has not made any observation on the merits of the case and all issues/contentions/grounds are left open. LPA 433/2021 & CM APPL. 40213/2021 In view of the order passed in LPA 441/2022, the present LPA stands disposed of, along with pending application.
SATISH CHANDRA SHARMA, CJ SUBRAMONIUM PRASAD, J JANUARY 23, 2023 hsk Signature Not Verified Digitally Signed By:SHAZAAD ZAKIR LPA 433/2021 & LPA 441/2022 Page 4 of 4 Signing Date:25.01.2023 17:12:16