Kanhaya Lal vs Union Of India

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2021 Supreme(Del) 1334

IN THE HIGH COURT OF DELHI AT NEW DELHI
Manmohan, Navin Chawla, JJ.
Kanhaya Lal - Appellant
Versus
Union Of India & Ors. - Respondents
Civil Writ Petition No. 14845 of 2021
Decided On : 22-12-2021

Important Points

The court has the authority to direct a respondent to decide a representation within a specified timeframe without commenting on the merit of the controversy.

Subject

Civil Law - Writ Petition

Headnote

Exemption - Writ Petition - The court directed respondent No.3 to decide the petitioner's representation within eight weeks, clarifying that it has not commented on the merit of the controversy and leaving the rights and contentions of all parties open.

Fact of the Case:

The writ petition sought directions to respondent No.3 to decide the petitioner's representation dated 23rd August 2021, which had not been decided till date.

Finding of the Court:

The court directed respondent No.3 to decide the petitioner's representation within eight weeks, clarifying that it has not commented on the merit of the controversy and leaving the rights and contentions of all parties open.

Issues: Delay in deciding the petitioner's representation.

Ratio Decidendi: The court directed respondent No.3 to decide the petitioner's representation within eight weeks, without commenting on the merit of the controversy and leaving the rights and contentions of all parties open.

Final Decision: The present writ petition stands disposed of with the directions to decide the petitioner's representation within eight weeks.

JUDGMENT

Manmohan, J. - C.M.No.46830/2021

Exemption allowed, subject to all just exceptions.

Accordingly, the application stands disposed of.

W.P.(C) 14845/2021

1. Present writ petition has been filed seeking directions to respondent No.3 to decide the representation of the petitioner dated 23rd August 2021.

2. Since learned counsel for the petitioner states that the said representation has not been decided till date, this Court directs respondent No.3 to decide the petitioner’s representation dated 23rd August, 2021 within eight weeks, in accordance with law. This Court clarifies that it has not commented on the merit of the controversy. The rights and contentions of all the parties are left open.

3. With the aforesaid directions, the present writ petition stands disposed of.