Delhi High Court - Orders
Praveen Jain & Anr vs Financial Commissioner, Delhi & Anr on 24 September, 2020
Author: Najmi Waziri
Bench: Najmi Waziri
$~6
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(C) 6917/2020 & CM APPL. 23733/2020
PRAVEEN JAIN & ANR. ..... Petitioners
Through: Mr. Sunil Chauhan, Advocate.
versus
FINANCIAL COMMISSIONER, DELHI & ANR. ..... Respondents
Through: Mr. Devesh Singh, ASC (Civil),
GNCTD, with Ms. Sukriti Ghai,
Advocate for respondent nos. 1 and 2.
CORAM:
HON'BLE MR. JUSTICE NAJMI WAZIRI
ORDER
% 24.09.2020 The hearing was conducted through video conferencing. CM APPL. 23734/2020 (exemption)
1. Allowed, subject to all just exceptions.
2. The application stands disposed-off W.P.(C) 6917/2020 & CM APPL. 23733/2020
3. Issue notice.
4. The learned Additional Standing Counsel named above accepts notice on behalf of the respondents.
5. The petitioners have filed a review petition before the Financial Commissioner, GNCTD, on 25.08.2020 against the order of the Revenue Assistant dated 23.07.2020. It has sought an interim relief, but the case has neither been listed before the Financial Commissioner because of his medical exigency.
6. Mr. Devesh Singh, the learned ASC for the State, submits that the revision petition before the FC is not maintainable and the petitioners should have pursued appropriate remedies before the appropriate forum.
7. Lest the petitioners be rendered remediless, no precipitate action shall be taken against them till the date their review petition before the Financial Commissioner is listed and heard on the interim relief.
8. The maintainability of the revision petition is to be considered by the forum before which the petitioners have filed their revision petition and application.
9. No further orders are required at this case.
10.The writ petition, alongwith pending application, is disposed-off in terms of the above.
11.The order be uploaded on the website forthwith. Copy of the order be also forwarded to the counsels through e-mail.
NAJMI WAZIRI, J SEPTEMBER 24, 2020 AB