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IN THE HIGH COURT OF DELHI
Rajiv Shakdher, Talwant Singh, JJ.
Anil Kumar Anand - Appellant
Versus
Union of India - Respondent
LPA 495 of 2021
Decided On : 22-12-2021
Important Points
Subject
Administrative Law - Interim Relief
Headnote
(B) Administrative Law - Interim relief - The court acknowledged that interim applications can be dismissed when the main petition is scheduled for hearing, ensuring appropriate judicial process is followed. (Paras 2.2)
Facts of the case:
The appellant sought payment of interim pension via an application, which was dismissed by the single judge, citing it as impermissible before the scheduled hearing of the main writ petition.
Findings of Court:
No grounds for interfering with the single judge's order were found; thus, the appeal was closed.
Issues: The primary issue considered was the propriety of dismissing an interim relief application in light of an upcoming hearing on the main petition.
Ratio Decidendi: The court emphasized that dismissals of interim relief applications are justifiable when the substantive matter is awaiting a hearing, reflecting a commitment to orderly judicial procedure.
Result: Appeal closed.
| Table of Content |
|---|
| 1. interim pension application dismissed. (Para 2) |
| 2. writ petition hearing scheduled. (Para 3) |
| 3. no interference with lower court's order. (Para 4 , 5) |
| 4. applications closed; affidavit required. (Para 6 , 7) |
JUDGMENT
[Physical Hearing/Hybrid Hearing (as per request)]
Rajiv Shakdher, J. (Oral)
CM APPL. 46621/2021
1. Allowed, subject to just exceptions.
LPA 495/2021 and CM APPL. 46619-20/2021
2. This appeal is directed against the order dated 21.10.2021, passed by the learned single judge in CM No. 36626/2021, preferred in W.P.(C) No.950/2020.
2.1. The appellant, who appears in-person, says that the relief sought in the aforementioned application was for payment of interim pension.
2.2. Via the impugned order, the learned single judge has dismissed the appellant's interim application, based on the following rationale:
"As I have listed the petition for hearing on December 7, 2021, this application seeking interim direction at this stage is impermissible.
The application is dismissed."
3. We are told that the writ petition is listed for hearing on 02.02.2022, along with five other writ petitions.
4. According to us, no interference is called for with the order dated 21.10.2021 passed by the learned single judge.
5. The appeal is, accordingly, closed.
6. Insofar as the prayer made in CM No. 46620/2021 to grant exemption from filing attested affidavit is concerned, the applicant/appellant is directed to file duly attested affidavit within the next three weeks, notwithstanding the order passed by us today.
7. Consequently, pending applications shall also stand closed.
