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IN THE HIGH COURT OF DELHI
D.N. Patel, Jyoti Singh, JJ.
Suraj Prakash Alwadhi - Appellant
Versus
State of (NCT of Delhi) - Respondent
LPA 9 of 2021
Decided On : 08-01-2021
| Table of Content |
|---|
| 1. appeal filed against previous order. (Para 1 , 2) |
| 2. court refuses to interfere with lower court's order. (Para 3 , 4) |
| 3. appeal dismissed. (Para 5) |
JUDGMENT
D.N. Patel, Chief Justice (Oral)
Proceedings in the matter have been conducted through video conferencing.
CM APPL. 682/2021 (exemption)
Allowed, subject to all just exceptions.
The application is disposed of.
LPA 9/2021
1. The appellant (original petitioner) has preferred the present appeal being aggrieved by an order dated 03.11.2020 in W.P.(C) 5482/2020 (Annexure-1 to the memo of this appeal).
2. Having heard the learned counsel for the parties and looking to the facts and circumstances of the case, it is evident that C.M. Application No.27760/2020 was preferred by the appellant (original petitioner) for fixing an early date of hearing of W.P.(C) 5482/2020.
3. Learned Single Judge was pleased to pass the following order in W.P.(C) 5482/2020 on 03.11.2020:
"CM APPL. 27761/2020 (Exemption)
1. Allowed subject to all just exceptions. The application stands disposed-off.
CM APPL. 27760/2020 (early hearing)
2. No grounds for early hearing are made out. The application is accordingly dismissed.
W.P.(C) 5482/2020
3. List on 16.03.2021, the date already fixed.
4. The order be uploaded on the website forthwith."
4. In view of the aforesaid order passed by the learned Single Judge, no rights and liabilities of the parties have been decided by the learned Single Judge. Hence, we see no reason to interfere with the impugned order whereby an application for early hearing has been dismissed. This is more so as the hearing of the writ petition being W.P.(C) 5482/2020 is now fixed for 16.03.2021. The appellant herein can ventilate all his grievances, including the alleged illegal locking of the iron-gate in the concerned colony located in Road No.27, East Punjabi Bagh before the learned Single Judge on 16.03.2021.
5. In these circumstances, we see no reason to entertain the present appeal and the same is accordingly dismissed.
The court emphasized the discretion of the lower court in managing procedural applications, including the denial of an early hearing for a pending writ petition.
Letters Patent Appeals are untenable if no rights or liabilities of parties are decided in the impugned order.
The court mandated the expeditious disposal of prolonged litigation, emphasizing compliance with prior directives on urgency and the procedural handling regarding deceased respondents.
An appeal is not maintainable if no rights or liabilities have been adjudicated upon, thereby necessitating resolution of the underlying writ petition urgently.
An appeal is not maintainable without a substantive order from the lower court; adjournment does not equate to a decision on rights or liabilities.
Denial of EWS reservation in admission violates constitutional provisions; interim orders do not finalize rights, thus appealing them lacks merit.
Emphasis on expeditious disposal of cases in prolonged litigation and adherence to previous court directions.
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