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IN THE HIGH COURT OF DELHI
Manmohan, Navin Chawla, JJ.
Kanhaya Lal - Appellant
Versus
Union of India - Respondent
W.P.(C) 14845 of 2021
Decided On : 22-12-2021




Government authorities must decide representations promptly, ensuring procedural obligations are met without adjudicating the merits of the controversy.

Headnote:(A) Constitution of India - Article 226 - Writ petition for directing a government authority to decide representation - Court directed the respondent to address petitioner's representation dated 23rd August 2021 within eight weeks - Petitioner’s rights and contentions remain open. (Paras 1, 2)

(B) Judicial Review - Scope - The court intervenes to ensure authority fulfills procedural obligations without commenting on the merits - The rights of parties are preserved for future consideration. (Paras 2)

Facts of the case:
The petitioner sought a directive for the government authority to decide a representation that remained unresolved since its submission on 23rd August 2021.

Findings of Court:
The respondent was ordered to decide the representation within eight weeks, ensuring procedural efficiency while not impinging on the merits of the case.

Issues: The main issue was the delay in responding to the representation made by the petitioner.

Ratio Decidendi: The court emphasized the need for prompt decisions on representations submitted to government authorities, reaffirming that judicial review ensures adherence to procedural obligations.

Result: Writ petition disposed of with directions.

Table of Content
1. petitioner's representation pending decision (Para 1)
2. court directs decision on representation (Para 2)
3. writ petition disposed with directions (Para 3)

JUDGMENT

Manmohan, J. (Oral)

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.

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