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IN THE HIGH COURT OF DELHI AT NEW DELHI
Dhirubhai Naranbhai Patel, Jyoti Singh, JJ.
Mohd. Iqbal Khan - Appellant
Versus
Lt. Governor Of Delhi & Ors. - Respondents
Criminal Writ Petition No. 2130 of 2021
Decided On : 28-10-2021
Exemption - Criminal Procedure - The court directed the concerned authorities to decide the representations preferred by the petitioner within a time-bound manner, taking into account the criminal case filed against one of the respondents.
Fact of the Case:
The petitioner sought a writ of mandamus or certiorari to direct the authorities to dispose off the representations given by the petitioner within a time-bound manner.
Finding of the Court:
The court directed the concerned authorities to decide the representations within 12 weeks, taking into account the criminal case filed against one of the respondents.
Issues: Limited relief sought by the petitioner for a direction to decide the representations.
Ratio Decidendi: The court emphasized the need for expeditious decision-making by the authorities, considering the criminal case filed against one of the respondents.
Final Decision: The writ petition was disposed of with the direction to decide the representations within 12 weeks.
JUDGMENT
D.N. Patel, CJ. - CRL.M.A. 17115/2021 (Exemption)
Allowed, subject to all just exceptions.
Application stands disposed of.
W.P.(CRL) 2130/2021
1. Present petition has been preferred seeking the following relief:
"a. The Hon'ble Court be pleased to issue a writ of mandamus or a writ in the nature of certiorari or any other appropriate writ, order or direction to the respondents/authorities to dispose off the representation dated 10.11.2020, 23.11.2020 and 09.12.2020 given by the Petitioner within time bound, in the interest of justice"
2. Learned counsel appearing on behalf of the Petitioner submits that a limited relief has been sought in the present writ petition i.e. for a direction to the Respondents to decide the representations preferred by the Petitioner, which have been appended as Annexures A-5 to A-7 of the present writ petition.
3. In view of the limited relief sought, we hereby direct the concerned Respondent Authorities to decide the representations preferred by the Petitioner, which are at Annexures A-5 to A-7 to the memo of this petition, in accordance with law, rules, regulations and Government Policies applicable to the facts of the case, as expeditiously as possible and practicable, preferably within a period of 12 weeks from the date of receipt of this order. While deciding the representations, the Respondent Authorities shall also keep in mind the criminal case filed against Respondent No. 6 as alleged in the writ petition.
4. With these observations, writ petition is hereby disposed of.
The need for time-bound decision-making by authorities, taking into account relevant circumstances such as ongoing criminal cases.
Mandamus can be issued to compel public authorities to perform their duties when there is a failure to do so.
A writ of mandamus cannot be issued unless the petitioner has first approached the appropriate administrative authority to resolve their grievances.
Court orders timely consideration of the petitioner's representation without expressing opinion on merits.
The court mandates the consideration of police actions based on petitioner's representations, highlighting procedural accountability.
A Writ of Mandamus can be issued to ensure that authorities consider representations in compliance with legal principles.
The court affirmed the necessity for authorities to address public representations in a timely manner regarding legal obligations and the constitutionality of statutes.
The court affirmed that representations must be addressed within a reasonable timeframe as per enforcement of administrative duties.
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