Delhi High Court - Orders
Parveen Kumar Aggarwal vs Union Of India & Anr on 7 July, 2022
Author: Satish Chandra Sharma
Bench: Chief Justice, Subramonium Prasad
$~34
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(C) 10235/2022
PARVEEN KUMAR AGGARWAL ..... Petitioner
Through: Petitioner-in-person
versus
UNION OF INDIA & ANR ..... Respondents
Through: Mr. Santosh Kumar Tripathi,
Standing Counsel (Civil) GNCTD
with Mr. Arun Panwar, Mr. Siddharth
Krishna Dwivedi, Mr. Aditya S.
Jadhav, Mr. Pradyuman Rao, Mr. H.
S. Sachdeva and Ms. Savita Sethi,
Advocates.
CORAM:
HON'BLE THE CHIEF JUSTICE
HON'BLE MR. JUSTICE SUBRAMONIUM PRASAD
ORDER
% 07.07.2022 CM APPL. 29541/2022 (Exemption) Allowed, subject to all just exceptions. W.P.(C) 10235/2022
1. The present Writ Petition under Article 226 of the Constitution of India has been filed seeking the following relief:-
"(a) To issue appropriate Writ, order or direction declaring Section 16A of the Court-Fees Act, 1870, inserted via Court-Fees (Delhi Amendment) Act, 2010 is Ultra Vires to the Constitution of India and, therefore, null and void;Signature Not Verified Digitally Signed By:SHAZAAD ZAKIR W.P.(C) 10235/2022 Page 1 of 2 Signing Date:08.07.2022 18:54:37
(b) To issue Writ, order or direction in nature of Certiorari, Mandamus or any other appropriate writ, order or direction to strike down the Court-Fees (Delhi Amendment) Act, 2010 notified via Government Notification No. F. 14(22)/1.A-2008/WAW/17, dated 11th February, 2011 published in The Delhi Gazette, Extra., Pt. IV issued by Respondent No. 2 as the said Act is enacted without legislative competence and as such the same is unconstitutional;
(c) Any other order or direction as the Hon'ble Court may deem fit and proper in the facts and circumstances of the case, may also be passed in favour of the Petitioner in the interest of justice;
(d) Costs of the present petition be also allowed in favour of the petitioner and against the respondents."
2. Issue notice.
3. Mr. Santosh Kumar Tripathi, learned Standing Counsel accepts notice on behalf of Respondent No.2/GNCTD and seeks time to file the reply. Let the reply be filed within six weeks.
4. List on 08.09.2022.
SATISH CHANDRA SHARMA, C.J.
SUBRAMONIUM PRASAD, J JULY 07, 2022 hsk Signature Not Verified Digitally Signed By:SHAZAAD ZAKIR W.P.(C) 10235/2022 Page 2 of 2 Signing Date:08.07.2022 18:54:37