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IN THE HIGH COURT OF DELHI AT NEW DELHI
Dhirubhai Naranbhai Patel, Jyoti Singh, JJ.
Amit Sahni - Appellant
Versus
High Court Of Delhi Through Its Registrar General & Ors. - Respondents
Civil Writ Petition No. 13554 of 2021
Decided On : 01-12-2021
Exemption - Writ Petition - The court allowed the exemption from filing attested affidavit and directed the applicant to file duly signed and affirmed affidavits within a specified period. The court also directed the Respondents to look into the representation submitted by the Petitioner and granted liberty to the Petitioner to take recourse to remedies available in accordance with the law.
Fact of the Case:
The Petitioner submitted a representation and requested the concerned Respondent Authorities to decide on the grievances ventilated in the writ petition.
Finding of the Court:
The court directed the Respondents to look into the representation submitted by the Petitioner and granted liberty to the Petitioner to take recourse to remedies available in accordance with the law.
Issues: Exemption from filing attested affidavit, disposal of the writ petition based on the representation submitted by the Petitioner.
Ratio Decidendi: The court allowed the exemption from filing attested affidavit and directed the applicant to file duly signed and affirmed affidavits within a specified period. The court also directed the Respondents to look into the representation submitted by the Petitioner and granted liberty to the Petitioner to take recourse to remedies available in accordance with the law.
Final Decision: The writ petition is hereby disposed of with the observations and directions provided by the court.
JUDGMENT
D.N. Patel, CJ. - CM APPL. 42774/2021 (Exemption)
Allowed, subject to all just exceptions.
Application stands disposed of.
CM APPL. 42775/2021 (Exemption from filing attested affidavit)
For the reasons stated in the application and in view of the present prevailing situation, the present application is allowed. However, the applicant is directed to file duly signed and affirmed affidavits within a period of one week from the date of resumption of regular functioning of the Court.
Application is disposed of.
W.P.(C) 13554/2021
1. Petitioner, who appears in person, submits that suffice would it be for disposal of the writ petition if the representation dated 20.08.2021 (Annexure P-2 to the memo of this petition) is decided by the concerned Respondent Authorities in accordance with law, keeping in mind the grievances ventilated in the writ petition.
2. In view of this limited submission, we direct the Respondents to look into the representation dated 20.08.2021 preferred by the Petitioner, in accordance with law, as expeditiously as possible and practicable.
3. Liberty is granted to the Petitioner to take recourse to the remedies available to him, in accordance with law in case the need so arises and/or if he is aggrieved with the decision on his representation.
4. With these observations and directions, writ petition is hereby disposed of.
The court has the discretion to allow exemption from filing attested affidavit and can direct the concerned authorities to look into the representation submitted by the Petitioner, granting liberty t....
Petitioner has the right to have their representation decided by authorities, with the court affirming legal recourse for any grievances.
An appeal can be withdrawn unconditionally without affecting the rights and contentions before the lower court.
The central legal point established in the judgment is the court's emphasis on avoiding multiplicity of proceedings and contradictory orders by allowing the withdrawal of the present petition with li....
The court affirms the role of timely administrative decisions in cooperative matters, allowing petitions to seek resolutions rather than solely quashing administrative actions.
A writ petition may be withdrawn by a petitioner with liberty to pursue other legal remedies available, especially when prior proceedings were withdrawn appropriately.
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.
Government authorities must decide representations promptly, ensuring procedural obligations are met without adjudicating the merits of the controversy.
The court allowed the withdrawal of the writ petition with liberty to file a fresh petition with proper averments and supporting documents.
The need for time-bound decision-making by authorities, taking into account relevant circumstances such as ongoing criminal cases.
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