Hariom Gurjar & Anr vs Union Of India & Anr
2016 Latest Caselaw 3699 Del

$~12.

*       IN THE HIGH COURT OF DELHI AT NEW DELHI
+       W.P.(C) 11401/2015 and CM APPL. 30024/2015
        HARIOM GURJAR & ANR                      ..... Petitioners
                    Through: Mr. H.C. Ganeshia, Advocate with
                    Mr. Rakesh Kumar Tewari and Mr. Devendra
                    Kumar Shukla, Advocates

                           versus

        UNION OF INDIA & ORS                       ..... Respondents
                      Through: Mr. Rajan Sabharwal, Advocate

        CORAM:
        HON'BLE MS. JUSTICE HIMA KOHLI
        HON'BLE MR. JUSTICE ASHUTOSH KUMAR

                           ORDER

% 17.05.2016

1. On the last date of hearing, counsel for the petitioners was requested

to address arguments on the maintainability of the present petition in view of

the objection raised by the other side that no part of the actionable cause of

action had arisen in Delhi for the petitioners to approach this Court for

relief. At that stage, counsel for the petitioners had relied upon certain

decisions of the Division Bench of this Court to contend that the present

petition is maintainable in this Court. Counsel for the respondents had

sought time to peruse the said decisions and address arguments on the

aforesaid aspect.

2. Today, Mr. Sabharwal, learned counsel for the respondents states that

the decision relied upon by the counsel for the petitioners do not deal with

the issue of territorial jurisdiction at all and therefore, they would not be of

any assistance to the petitioners.

3. The aforesaid position is conceded by learned counsel for the

petitioners, who states that instead of pressing the present petition, the

petitioners may be permitted to withdraw the same while reserving their

right to approach the respondents by filing a representation to ventilate their

grievances and the respondents be directed to consider and decide the same

in accordance with law.

4. While granting liberty to the petitioners to withdraw the present

petition and file a representation to the respondents to ventilate their

grievance, the present petition is dismissed as withdrawn. The petitioners

shall file a representation before the respondents within three weeks from

today and the same shall be decided by the respondents within six weeks

from the date of receipt thereof, under written intimation to the petitioners.

5. It is however, made clear that if a decision is taken by the Competent

Authority on the representation of the petitioners, the said decision would

not be a ground to vest the jurisdiction on this Court and if aggrieved, the

petitioners shall be at liberty to approach the competent court vested with

territorial jurisdiction to agitate their grievance.

6. The petition is disposed of alongwith the pending application.

HIMA KOHLI, J

ASHUTOSH KUMAR, J MAY 17, 2016 rkb