Delhi High Court - Orders
Northern Railway Book Stall Workers ... vs Union Of India And Ors on 30 August, 2024
Author: Tushar Rao Gedela
Bench: Tushar Rao Gedela
$~30, 33 & 38
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ LPA 843/2024 & CAV 417/2024, CM APPL. 49441/2024, CM
APPL. 49442/2024, CM APPL. 49443/2024
NORTHERN RAILWAY BOOK STALL WORKERS VENDORS
COOPERATIVE SALE AND SUPPLY LTD. RAILWAY STATION
LUDHIANA .....Appellant
Through: Mr. Harsh Kadiyan, Mr. Nikhil
Tiwari Tyagi and Mr. Yogit Kamat,
Advocates.
versus
UNION OF INDIA AND ORS .....Respondents
Through: Mr. Vivek Sharma, Senior Panel
Counsel with Mr. Kapil Yadav Mr.
Aakash Meena and Mr. Manoj
Kumar, Advocates for R-1, 2 & 3.
(33)
+ LPA 850/2024 & CM APPL. 49870/2024, CM APPL. 49871/2024,
CM APPL. 49872/2024
ZIYAUDDIN MAGLORE .....Appellant
Through: Mr. Tamim Qadri, Advocate.
versus
UNION OF INDIA & ORS. .....Respondents
Through: Ms. Avshreya Pratap Singh Rudy,
Senior Panel Counsel with Ms. Usha
Jamnal, Advocate for R-1 to 4.
(38)
+ LPA 855/2024 & CAV 423/2024, CM APPL. 49997/2024, CM
APPL. 49998/2024, CM APPL. 49999/2024, CM APPL. 50000/2024
OM PRAKASH .....Appellant
Through: Mr. Jitender Mehta, Mr. Lalit Kumar,
Mr. Shivam Pahal and Mr. Pankaj
Mishra, Advocates.
versus
This is a digitally signed order.
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The Order is downloaded from the DHC Server on 02/09/2024 at 23:23:21
UNION OF INDIA & ORS. .....Respondents
Through: Ms Garima Sachdeva, Advocate with
Ms. Aishwarya Dobhal, G.P. for UOI.
CORAM:
HON'BLE THE ACTING CHIEF JUSTICE
HON'BLE MR. JUSTICE TUSHAR RAO GEDELA
ORDER
% 30.08.2024
1. Present appeals have been preferred under Clause X of the Letters Patent Act, 1866 assailing the judgment dated 29th May, 2024 passed by the learned Single Judge of this Court, whereby the writ petitions filed by the appellants herein were dismissed and the appellants were directed to vacate the stalls within a period of three (3) months.
2. With the consent of the parties, the matters are taken up for disposal.
3. The present appeals are similar to the appeal decided by this Court on 9th August, 2024 being LPA No. 770/2024 "M/s Veer & Company Graduate Partnership Concern & Anr vs. Union of India & Ors" whereby the said appeal was dismissed. It has been brought to this Court's notice that the said order dated 9th August, 2024 was challenged by way of a Special Leave Petition (for short 'SLP') being SLP(C) No. 19229/2024 captioned "M/s S Veer & Company Graduate Partnership Concern & Anr. vs. Union of India & Ors.". It is stated that the said SLP was disposed of allowing extension of four (4) months on account of dies non period subject to filing of an undertaking within a period of four (4) weeks.
4. The order dated 27th August, 2024 passed in SLP(C) No. 19229/2024 "M/s S Veer & Company Graduate Partnership Concern & Anr. vs. Union of India & Ors." is reproduced hereunder:-
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 02/09/2024 at 23:23:21 "1. Heard the learned counsel appearing for the respective parties.
2. We are not inclined to interfere with the impugned judgment and order passed by the High Court. We however extend the time granted by the learned Single Judge of the High Court in its order dated 29.05.2024 by four months from today. All the allottees shall vacate and handover the vacant possession of the stalls in question before the expiry of four months subject to filing of the usual undertaking before the Registry of this Court within four weeks from today.
3. Accordingly, the Special Leave Petition is disposed of.
4. Pending application(s), if any, shall stand disposed of."
5. Learned counsel appearing for the appellants states that similar directions as above be passed in the present appeals too, since they raise the same issue.
6. After having heard the learned counsel and in deference to the order of the Supreme Court dated 27th August, 2024, in SLP(C) No. 19229/2024 "M/s S Veer & Company Graduate Partnership Concern & Anr. vs. Union of India & Ors.", this Court finds no ground to interfere with the impugned order, but grants four (4) months extension from today to the appellants to vacate their respective stalls in question subject to filing of an affidavit of undertaking by the appellants to the effect that they will vacate their respective stalls within the aforesaid extension/time so granted with the Registrar General of this Court within four (4) weeks from today.
7. In view of the aforesaid, the present appeals along with pending applications are disposed of with no order as to costs.
ACTING CHIEF JUSTICE TUSHAR RAO GEDELA, J AUGUST 30, 2024/rl 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 02/09/2024 at 23:23:22