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Delhi High Court - Orders

Sanjay Arora vs Government Of Nct Of Delhi & Ors on 1 September, 2022

Author: Yashwant Varma

Bench: Yashwant Varma

                          $~54
                          *    IN THE HIGH COURT OF DELHI AT NEW DELHI
                          +    W.P.(C) 12623/2022
                               SANJAY ARORA                                     ..... Petitioner
                                                  Through:      Ms. Kanika Mittal and Mr. Prakhar
                                                                Srivastava, Advs.

                                                  versus

                               GOVERNMENT OF NCT OF DELHI & ORS.                ..... Respondents
                                                  Through:      Mr. Anuj Agarwal, ASC GNCTD
                                                                with Ms. Ayushi Bansal and Ms.
                                                                Arshya Singh, Advs. for R-1
                                                                Dr. Vikrant Narayan Vasudeva, Mr.
                                                                Rohit Lochav, Advs. for R-3

                               CORAM:
                               HON'BLE MR. JUSTICE YASHWANT VARMA
                                                  ORDER

% 01.09.2022 CM APPL. 38241/2022 (for exemption) Allowed, subject to all just exceptions.

The application shall stand disposed of.

W.P.(C) 12623/2022 and CM APPL. 38240/2022(Stay) Notice. Let all noticed respondents file their replies on the writ petition within a period of eight weeks from today. Although the fourth respondent is stated to have been placed on advance notice, none has appeared on his behalf when the matter was called. Consequently, let learned counsel for the petitioner take steps for service on the said respondent through all permissible modes including via approved courier Signature Not Verified Digitally Signed By:NEHA Signing Date:01.09.2022 16:55:28 service.

Prima facie, the Court finds itself unable to sustain the impugned order bearing in mind the fact that the complaint had been duly examined on more than one occasion previously by Expert Committees and which had ultimately come to conclude that no further action was required. In view of the above and in the absence of any special reasons existing or recorded, there was no occasion for a direction being framed for the matter being re- examined by an Expert Committee independently. Matter requires consideration.

Till the next date of listing, there shall be stay of the impugned order dated 11 May 2022.

Learned counsel for the petitioner makes an oral prayer for permission to delete respondent No.2 from the array of parties. The prayer as made is granted. Let an amended memo of parties be placed on the record on or before the next date fixed.

List again on 07.02.2023.

YASHWANT VARMA, J.

SEPTEMBER 1, 2022/neha Signature Not Verified Digitally Signed By:NEHA Signing Date:01.09.2022 16:55:28